S-21-0179 State of Nebraska (Appellee) v. John A. Drake (Appellant)
District Court for York County, Hon. James Stecker
Attorneys: Matthew Lewis, Assistant Attorney General for Appellee --- Jerry D. Clinch (Fillman Law Offices, L.L.C.) for Appellant
Criminal: Motion to suppress, Enhancement, Ineffective Assistance of Counsel on Direct Appeal
Proceedings Below: The district court denied John A. Drake’s motion to suppress; found Drake guilty of possession of a controlled substance; and found Drake to be a habitual criminal under Neb. Rev. Stat. § 29-2221 (Reissue 2016). Due to his enhanced sentence, the court sentenced Drake to a term of 10 to 12 years’ incarceration.
Issues: 1. Whether Drake’s motion to suppress should have been granted. 2. Whether Drake’s sentence should have been enhanced. 3. Whether any of Drake’s ineffective assistance of counsel claims may be addressed on direct appeal.