S-21-0447 State v. Sarah A. Cullen (Appellant)
Douglas County District Court, Judge Gregory Schatz
Attorneys: Stacy M. Foust (Attorney General’s Office) --- Gregory A. Pivovar (Appellant)
Civil: Postconviction
Proceedings below: The district court denied Appellant’s motion for postconviction relief.
Issues: Whether the district court erred in 1) denying Appellant an evidentiary hearing on her application for postconviction relief as to ineffective assistance of trial counsel as she alleged facts, which if proven constituted a violation of her rights under State and Federal Constitutions: a) trial counsels failed to adequately investigate her defenses and advise her of her options, including but not limited to the alternate theories of the cause of the severity of the injuries, b) trial counsels failed to investigate the hiring of expert witnesses to support her description of how the injury occurred and failed to utilize the trial consultant with 25 years of experience who had examined the facts and met with her, c) trial counsels failed to meet with her on a single occasion to discuss the facts of the case, failed to consult with her about her right to testify and failed to inquire as to her desire to testify at trial, and d) trial counsels failed to adequately prepare for trial in that they did not depose a single witness or prepare for cross examination of any of the medical or expert witnesses, and 2) denying Appellant an evidentiary hearing on her application for postconviction relief as to ineffective assistance of appellate counsel as she alleged facts, which if proven constituted a violation of his rights under State and Federal Constitutions.