A-24-0386 State of Nebraska v. Kevin G. Smith
District Court of Wayne County, Judge Mark A. Johnson
Attorney for Appellant: Logan J. Hoyt
Attorney for Appellee: Jordan Osborn (Attorney General’s Office)
Criminal Action: Postconviction
Action Taken by Trial Court: The district court denied Appellant’s motion for postconviction relief following an evidentiary hearing.
Assignments of Error on Appeal: Appellant argues the district court erred by denying his verified motion for postconviction relief because (1) his pleas were not understandingly and voluntarily made in violation of his rights to effective assistance of counsel and due process of law, and his trial counsel was ineffective by failing to (2) properly investigate, interview, and prepare for trial because he failed to properly investigate, interview, and depose specific witnesses, (3) object and move to withdraw Smith's pleas when the State breached the plea agreement, (4) adequately communicate with and disclose discovery to Smith, and (5) advise Smith of his right to petition for further review of his direct appeal.