A-23-776, State v. Christopher Klipfel (Appellant)
Lancaster County, District Court, Judge Lori A. Maret
Attorney for Appellant: Joy Shiffermiller (Shiffermiller Law Office, P.C., L.L.O.)
Attorneys for Appellee: Michael T. Hilgers and Nathan A. Liss (Nebraska Attorney General’s Office)
Criminal Action: Possession with Intent to Deliver; Possession of Money to Facilitate Possession with Intent to Deliver
Action Taken by Trial Court: The district court overruled Klipfel’s motion to suppress evidence obtained during a traffic stop. Then, following a stipulated bench trial, the district court found Klipfel guilty of possession with intent to deliver marijuana, possession with intent to deliver THC, and possession of currency used in violation of § 28-416. Klipfel was sentenced to an aggregate term of 10 to 14 years’ imprisonment.
Assignments of Error on Appeal: Klipfel assigns that the district court erred by (1) overruling his motion to suppress, (2) denying his counsel the ability to offer additional evidence at trial regarding the motion to suppress, (3) failing to advise him of the effect of entering into a stipulated trial, (4) finding him guilty of each of the charges of which he was accused, (5) refusing to hear, and in overruling counsel’s motion to withdraw from representing him, (6) refusing to hear and in overruling the motion for new trial, and (7) convicting him despite the fact that he lacked effective assistance of counsel. Klipfel also assigns that the district court erred by failing to find counsel was ineffective for (8) failing to obtain or review available electronic evidence, (9) arranging for a stipulated trial without explaining to Klipfel that it was tantamount to a guilty plea, and without obtaining any benefit from the stipulation, and (10) failing to timely and appropriately file a motion for new trial.