State v. Jerke

The Supreme Court reversed the order of the district court granting Defendant’s motion to vacate his sentence and withdraw the plea pursuant to the common-law procedure recognized in State v. Gonzalez, 830 N.W.2d 504 (2013), holding that the common-law procedure was not available to Defendant as a matter of law.Defendant pleaded no contest to second degree assault. After completing his sentence, Defendant moved to vacate his sentence and withdraw his plea pursuant to the Supreme Court’s holding in Gonzalez. In his motion, Defendant alleged that he received ineffective assistance of counsel because his trial counsel failed to advise him of the deportation consequences of his plea-based conviction. The district court granted the motion. The Supreme Court affirmed, holding that the district court erred in granting Defendant’s common-law motion because he had a remedy under the Nebraska Postconviction Act. View "State v. Jerke" on Justia Law