A-22-0211, State v. Jonathan J. Sierra (Appellant)
York County District Court, Judge James C. Stecker
Attorney for Appellant: Stephen T. Knudsen (Whitney, Newman, Mersch, Otto & Grafton)
Attorney for Appellee: Matthew Lewis (Assistant Attorney General)
Criminal: Motion for Postconviction Relief
Action Taken by Trial Court: Following the Nebraska Supreme Court’s decision in State v. Sierra, 305 Neb. 249, 939 N.W.2d 808 (2020), Jonathan J. Sierra moved for postconviction relief claiming that his trial counsel was ineffective. After an evidentiary hearing, the district court denied Sierra’s motion.
Assignments of Error on Appeal: On appeal, Sierra assigns the district court erred in denying his motion for postconviction relief. Sierra alleges his trial counsel was ineffective for (1) failing to file notice of or present alibi evidence, (2) failing to timely file a witness or exhibit list, (3) failing to effectively communicate with Sierra, (4) failing to file a motion to suppress evidence obtained from Sierra’s residence, (5) failing to object or make motions regarding testimony of certain witnesses, (6) failing to request a cautionary jury instruction on accomplice testimony, and (7) failing to maintain her law license.