statute or constitutional requirement in Nebraska

2026State v. Npimnee, 316 Neb. 1 , 2 N.W.3d 620 (2024).

2026State v. Npimnee, 316 Neb. 1 , 2 N.W.3d 620 (2024).

2024Id. [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a ques- tion of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2022WARNER Cite as 312 Neb. 116 law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Lowman, 308 Neb. 482 , 954 N.W.2d 905 (2021).

2021The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 3 [3,4] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 4 In reviewing claims of ineff

2021The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 3 [3,4] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 4 In reviewing claims of ineff

2021The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 3 [3,4] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 4 In reviewing claims of ineff

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018). [5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018). [5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Collins, 307 Neb. 581 , 950 N.W.2d 89 (2020).

2024State v. Collins, 307 Neb. 581 , 950 N.W.2d 89 (2020).

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

2019State v. McCurdy, 301 Neb. 343 , 918 N.W.2d 292 (2018). - 420 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. GARCIA Cite as 302 Neb. 406 [4,5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2019State v. McCurdy, 301 Neb. 343 , 918 N.W.2d 292 (2018). - 420 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. GARCIA Cite as 302 Neb. 406 [4,5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Stelly, 304 Neb. 33 , 932 N.W.2d 857 (2019).

2024State v. Stelly, 304 Neb. 33 , 932 N.W.2d 857 (2019).

2022State v. Drake, 311 Neb. 219 , 971 N.W.2d 759 (2022).

2022State v. Drake, 311 Neb. 219 , 971 N.W.2d 759 (2022).

2020STANDARD OF REVIEW [1,2] A trial court is afforded discretion in deciding whether to accept guilty pleas, and an appellate court will reverse the trial court’s determination only in case of an abuse of discre- tion. 1 An abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters sub- mitted for disposition. 2 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a ques- tion of law, which turns upon the sufficiency of

2020STANDARD OF REVIEW [1,2] A trial court is afforded discretion in deciding whether to accept guilty pleas, and an appellate court will reverse the trial court’s determination only in case of an abuse of discre- tion. 1 An abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters sub- mitted for disposition. 2 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a ques- tion of law, which turns upon the sufficiency of

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

2024State v. Miller, 315 Neb. 951 , 2 N.W.3d 345 (2024).

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018), disapproved on other grounds, State v. Avina-Murillo, 301 Neb. 185 , 917 N.W.2d 865 .

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018), disapproved on other grounds, State v. Avina-Murillo, 301 Neb. 185 , 917 N.W.2d 865 .

2024State v. Zitterkopf, 317 Neb. 312 , 9 N.W.3d 896 (2024).

2024State v. Zitterkopf, 317 Neb. 312 , 9 N.W.3d 896 (2024).

2020Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim - 761 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. IDDINGS Cite as 304 Neb. 759 without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 21.

2020Whether a claim of ineffective assist­ ance of trial counsel can be determined on direct appeal pre­ sents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.40 [21] The determining factor is whether the record is suf- ficient to adequately review the question.41 We have said the record is sufficient if it establishes either that trial counsel’s performance was not deficient, that the appellant will not be able to establish prejud

2019State v. Wells, 300 Neb. 296 , 912 N.W.2d 896 (2018).

2019State v. Wells, 300 Neb. 296 , 912 N.W.2d 896 (2018).

2019State v. McCurdy , 301 Neb. 343 , 918 N.W.2d 292 (2018). **420 Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. *739 State v. Hood , 301 Neb. 207 , 917 N.W.2d 880 (2018).

2019State v. McCurdy , 301 Neb. 343 , 918 N.W.2d 292 (2018). **420 Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. *739 State v. Hood , 301 Neb. 207 , 917 N.W.2d 880 (2018).

2026State v. Briggs, 317 Neb. 296 , 9 N.W.3d 632 (2024).

2025State v. Briggs, 317 Neb. 296 , 9 N.W.3d 632 (2024).

2025State v. German, 316 Neb. 841 , 7 N.W.3d 206 (2024).

2024GERMAN Cite as 316 Neb. 841 an appellant must make specific allegations of the conduct that he or she claims constitutes deficient performance by trial counsel. 33 [20] Once raised, an appellate court will determine whether the record on appeal is sufficient to review the merits of the ineffective performance claims.

2021State v. Martinez, 306 Neb. 516 , 946 N.W.2d 445 (2020).

2021Id.

2026State v. Corral, 318 Neb. 940 , 20 N.W.3d 372 (2025).

2025State v. John, 310 Neb. 958 , 969 N.W.2d 894 (2022).

2025State v. Figures, 308 Neb. 801 , 957 N.W.2d 161 (2021). -3- Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2025State v. Figures, 308 Neb. 801 , 957 N.W.2d 161 (2021). -3- Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Garcia, 315 Neb. 74 , 994 N.W.2d 610 (2023). [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a ques- tion of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Garcia, 315 Neb. 74 , 994 N.W.2d 610 (2023). [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a ques- tion of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Lara, 315 Neb. 856 , 2 N.W.3d 1 (2024). [7,8] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Dixon, 286 Neb. 334 , 837 N.W.2d 496 (2013). [2,3] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Dixon, 286 Neb. 334 , 837 N.W.2d 496 (2013). [2,3] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2023State v. Blake, 310 Neb. 769 , 969 N.W.2d 399 (2022). -2- Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2022State v. Morton, 310 Neb. 355 , 966 N.W.2d 57 (2021). [4,5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2022State v. Morton, 310 Neb. 355 , 966 N.W.2d 57 (2021). [4,5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2022STANDARD OF REVIEW [1] Consideration of plain error occurs at the discretion of an appellate court. 5 [2] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 6 5 State v. Magallanes, 284 Neb. 871 , 824 N.W.2d 696 (2012). 6 State v. Weathers, 304 Neb. 402 , 935 N.W.2d 185 (2019). - 659 - Nebraska Supreme Court Advance Sheets 310