State v. Sanders

Defendant was convicted of discharging a firearm at a dwelling while in or near a motor vehicle, in violation of Neb. Rev. Stat. 28-1212.04, and using a firearm to commit a felony. Defendant’s convictions and sentences were affirmed on appeal. Defendant subsequently filed a pro se motion for postconviction relief, asserting ineffective assistance of counsel. The district court denied the motion for postconviction relief without an evidentiary hearing. The Supreme Court affirmed, holding (1) counsel could not have been deficient for failing to raise a novel constitutional challenge to section 28-1212.04, and therefore, the district court did not err when it denied this claim; and (2) the record refuted the claim that counsel was ineffective for failing to move to suppress evidence obtained from the stop and search of Defendant’s vehicle, and therefore, the district court did not err when it denied this claim. View "State v. Sanders" on Justia Law