S-23-0124 State of Nebraska (Appellee) v. Jordon J. Miller (Appellant)
Appeal from District Court for Douglas County, Judge Peter C. Bataillon
Attorneys: Gregory A. Pivovar (Pivovar Law Firm for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee).
Criminal: Life Imprisonment
Proceedings below: Appellant entered a no contest plea to Murder in the Second-Degree and was sentenced to sixty-five (65) years to life in prison. Life imprisonment cases are direct appeals to the Supreme Court.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in denying the Defendant’s Motion to Withdraw his plea; 2) The State failed to provide the Defendant his discovery and the same constitutes prosecutorial misconduct; 3) The trial court abused it’s discretion when it chose to try and force the Defendant to go to trial in six days without ever having seen his discovery if he did not plead on October 19, 2021; 4) That speedy trial was violated; 5) The trial court abused its discretion in imposing an excessive sentenced; 6) The Defendant received ineffective assistance of counsel when he failed to ask for a continuance on October 19, 2021 to meet with the Defendant, share the discovery and prepare a defense; 7) The Defendant received ineffective assistance of counsel in recommending the Defendant plead guilty before having seen any of his discovery; 8) The Defendant received ineffective assistance of counsel when counsel did not comply with the orders of the judge to share the discovery with the Defendant; 9) The Defendant received ineffective assistance of counsel when he did not examine the issue of speedy trial and bring a motion for dismissal on speedy trial grounds.