claim without an evidentiary hearing in Nebraska

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 .

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 .

2026The court alternatively reasoned that the record and files affirmatively show German is entitled to no relief, not- ing that German had ignored the jury selection “in which race, [German’s] family and the small community were con- sistent themes for the jurors,” as well as “the instruction that the jurors are to not allow sympathy or prejudice to influence their verdict[s].” (c) Advice on Waiving Right to Testify Lastly, as relates to claims attempted on direct appeal, German alleged in his postconviction motion a layered claim - 666 - Nebraska Supreme Court Advance Sheets 321 Nebraska Reports

2025CORRAL Cite as 318 Neb. 940 on direct appeal any issue of trial counsel’s ineffective perform­ance which is known to the defendant or is appar- ent from the record; otherwise, the issue will be procedur- ally barred in a subsequent postconviction proceeding. 18 The fact that an ineffective assistance of counsel claim is raised on direct appeal does not necessarily mean that it can be resolved. 19 The determining factor is whether the record is sufficient to adequately review the issue. 20 In other words, the record must be sufficient to address the claim without an evidentiary hearing. 21 [19]

2025It has been said that it is possible to find ineffective 18 State v. Anders, supra note 3 . 19 Id. 20 See id. 21 See State v. Briggs, supra note 1 . 22 See, id.; State v. Rocha, 286 Neb. 256 , 836 N.W.2d 774 (2013). 23 State v. Casares, 291 Neb. 150, 155 , 864 N.W.2d 667 , 672 (2015). 24 See, State v. Sidzyik, 281 Neb. 305 , 795 N.W.2d 281 (2011); State v. Gonzalez-Faguaga, 266 Neb. 72 , 662 N.W.2d 581 (2003). - 962 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.

2025It has been said that it is possible to find ineffective 18 State v. Anders, supra note 3 . 19 Id. 20 See id. 21 See State v. Briggs, supra note 1 . 22 See, id.; State v. Rocha, 286 Neb. 256 , 836 N.W.2d 774 (2013). 23 State v. Casares, 291 Neb. 150, 155 , 864 N.W.2d 667 , 672 (2015). 24 See, State v. Sidzyik, 281 Neb. 305 , 795 N.W.2d 281 (2011); State v. Gonzalez-Faguaga, 266 Neb. 72 , 662 N.W.2d 581 (2003). - 962 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.

2025It has been said that it is possible to find ineffective 18 State v. Anders, supra note 3 . 19 Id. 20 See id. 21 See State v. Briggs, supra note 1 . 22 See, id.; State v. Rocha, 286 Neb. 256 , 836 N.W.2d 774 (2013). 23 State v. Casares, 291 Neb. 150, 155 , 864 N.W.2d 667 , 672 (2015). 24 See, State v. Sidzyik, 281 Neb. 305 , 795 N.W.2d 281 (2011); State v. Gonzalez-Faguaga, 266 Neb. 72 , 662 N.W.2d 581 (2003). - 962 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.

2025It has been said that it is possible to find ineffective 18 State v. Anders, supra note 3 . 19 Id. 20 See id. 21 See State v. Briggs, supra note 1 . 22 See, id.; State v. Rocha, 286 Neb. 256 , 836 N.W.2d 774 (2013). 23 State v. Casares, 291 Neb. 150, 155 , 864 N.W.2d 667 , 672 (2015). 24 See, State v. Sidzyik, 281 Neb. 305 , 795 N.W.2d 281 (2011); State v. Gonzalez-Faguaga, 266 Neb. 72 , 662 N.W.2d 581 (2003). - 962 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.

2023BOPPRE Cite as 315 Neb. 203 in Nebraska on the day the handgun was recovered in New Mexico.

2023Valdez wrote a ‘dying declara- tion’ implicating Boppre.” And the other photograph shows neck wounds that would have allowed Boppre to present “a credible version of events that included Valdez being held at knife point as he was killed and [show] that multiple assailants were directly involved in the death.” We address each photo- graph in turn. (i) Dying Declaration As noted in our recitation of the trial evidence, there was evidence that the letters “‘J-F-F B-O-P-E’” were written on the floor to the left of Valdez’ body using white grease and that the letters “‘J-E-F-F’” were written on the

2023Valdez wrote a ‘dying declara- tion’ implicating Boppre.” And the other photograph shows neck wounds that would have allowed Boppre to present “a credible version of events that included Valdez being held at knife point as he was killed and [show] that multiple assailants were directly involved in the death.” We address each photo- graph in turn. (i) Dying Declaration As noted in our recitation of the trial evidence, there was evidence that the letters “‘J-F-F B-O-P-E’” were written on the floor to the left of Valdez’ body using white grease and that the letters “‘J-E-F-F’” were written on the

2022Laws, L.B. 268. - 917 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. LOTTER Cite as 311 Neb. 878 We described the procedural history of L.B. 268 in State v. Jenkins: 141 In May 2015, the Nebraska Legislature passed 2015 Neb.

2021This claim is not specifically argued in the pleading but stated.” (c) Failure to Call Expert Witness on Blood Spatters Third, Munoz asserted that trial counsel was ineffective “by failing to call or interview an ‘Expert Witness’ to refute the - 291 - Nebraska Supreme Court Advance Sheets 309 Nebraska Reports STATE v. MUNOZ Cite as 309 Neb. 285 [S]tate’s theory alleging the ‘blood spattered’ evidence was culpable proof of [Munoz’] guilt.” He generally asserted that appellate counsel rendered ineffective assistance in relation to this claim.

2019As previously mentioned, an evidentiary hearing is not required “when the records and files affirmatively show that the defendant is entitled to no relief.” State v. Barber, 26 Neb.

2018Newman’s counsel did not perform deficiently in this regard, and the district court 36 State v. Elseman, 287 Neb. 134 , 841 N.W.2d 225 (2014). 37 Id. 38 Id. 39 See Stricklin, supra note 3. - 787 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE v. NEWMAN Cite as 300 Neb. 770 correctly denied postconviction relief on this claim without an evidentiary hearing. 6.

2018A lleged Failure to Investigate Witness Tampering Henderson also claims that he received ineffective assist­ ance because his trial counsel did not pursue claims of witness - 657 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE v. HENDERSON Cite as 301 Neb. 633 tampering.

2017We find no merit to this claim, and we therefore conclude that the district court did not err when it rejected this claim without an evidentiary hearing. - 238 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports STATE v. VELA Cite as 297 Neb. 227 Second Claim: Relationship of Prosecutor and Juror.

2015We affirm this portion of the district court’s order. (b) Claim G: Exhibits 169 and 170 In claim G, Nolan alleges that his trial counsel was inef- fective for failing to object to exhibits 169 and 170 and that appellate counsel was ineffective for not raising this - 136 - Nebraska A dvance Sheets 292 Nebraska R eports STATE v. NOLAN Cite as 292 Neb. 118 claim of ineffectiveness on appeal.

2015Thus, we deter- mine that the district court erred when it failed to grant Huston an evidentiary hearing on this issue, and we reverse the dis- trict court’s ruling denying this claim without an evidentiary hearing and remand the cause for an evidentiary hearing on this point. - 727 - Nebraska A dvance Sheets 291 Nebraska R eports STATE v. HUSTON Cite as 291 Neb. 708 Huston’s Claim That Trial Counsel Was Ineffective for Failing to Object to Video Recordings of Conversations of Huston, Berghuis, and Wilson.