S-15-0109 State v. Fredrick A. Collins, Jr. (Appellant)
Douglas County District Court, Judge Gregory M. Schatz
Attorneys: Erin E. Tangeman (Attorney General's Office) --- Mary M. Dvorak (Public Defender's Office) (Appellant)
Criminal: First degree sexual assault statutory rape, Class II felony
Proceedings below: Appellant was found guilty based on a plea of no contest and sentenced to 10 to 15 years of incarceration. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1) The sentence imposed by the district court was excessive and, as such, an abuse of discretion, and 2) Appellant was denied effective assistance of counsel due to trial counsel's constitutionally deficient representation in the following specific instances: A) Trial counsel failed to attack the validity of the information for lack of jurisdiction; B) Trial counsel neglected to make a motion for DNA testing or investigating why a Sexual Assault Evidence Collection Kit was not completed; C) Trial counsel did not bring a motion to discharge or a motion to dismiss; D) Trial counsel did not move to sever the offenses Appellant was charged with; E) Trial counsel failed to move to exclude testimony from the alleged victim and witnesses Michael Williams and Kettrina Collins; F) Trial counsel did not conduct depositions of state witnesses Detective Ekeler or April Anderson; G) Trial counsel did not show Appellant transcripts of any depositions taken in his case; H) Trial counsel misinformed Appellant regarding the potential penalty for a Class 2 felony; I) Trial counsel failed to object to or correct the factual basis at Appellant's plea hearing; J) Trial counsel coerced Appellant into taking a plea deal by withholding discovery from him, stating that he would get at least 35 years if he did not take a plea deal, admitting that he had never tried a case like Appellant's, failing to inform him of the rights he would give up by pleading, failing to inform him regarding how the proceedings would go, prompting him to answer the court's questions during his plea, and suggesting that Appellant would get probation or a light sentence if he pled; and K) Trial counsel did not attend the PSI interview with Appellant or go over PSI results with Appellant to investigate errors.