S-20-0680 State of Nebraska v. Terrell E. Newman (Appellant)
Douglas County District Court, Hon. Shelly R. Stratman
Attorneys: Stuart J. Dornan, Jason E. Troia (Dornan, Troia, Howard, Breitkreutz & Conway, PC, LLO, for Appellant); Erin E. Tangeman (Office of the Attorney General, for Appellee)
Criminal: Postconviction relief
Proceedings Below: Appellant filed his motion for postconviction relief on April 4, 2016. On August 3, 2017, the district court denied his request for an evidentiary hearing and his motion for postconviction relief. On August 17, 2018, the order was affirmed in part and reversed in part, remanding the case for an evidentiary hearing on the issue of Appellant’s alibi defense. The issue tried to the court was whether failure to investigate and present Appellant’s alibi defense amounted to ineffective assistance of counsel requiring a new trial. The district court found that Appellant’s evidence failed to show deficient performance and prejudice.
Issues on Appeal: Whether the district court erred in 1) denying Appellant postconviction relief; and 2) denying Appellant in-person witnesses at his evidentiary hearing.