S-24-0235 State of Nebraska (Appellee) v. John L. Parks (Appellant)
Appeal from the District Court for Douglas County, Judge Duane C. Dougherty
Attorneys: Stuart Dornan (Dornan, Troia, Howard, Breitkreutz, Dahlquist & Klein PC LLO for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)
Criminal: Life imprisonment for first-degree murder and use of a firearm to commit a felony, possession of a firearm by a prohibited person, and possession of cocaine with intent to deliver
Proceedings Below: Appellant was convicted of two counts of first-degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person. He was also convicted of one count of possession with intent to deliver cocaine. After the district court determined he was a habitual criminal, Appellant was sentenced to life in prison for each first-degree murder conviction and to consecutive sentences totaling eighty (80) to one-hundred-fifty (150) years’ imprisonment with a mandatory minimum of fifty (50) years’ imprisonment. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) The district court committed plain error in failing to rule on Appellant’s motions to depose witnesses resulting in violations of his statutory and constitutional rights to a speedy trial; 2) The district court erred in denying Appellant’s second motion for absolute discharge; 3) The district court erred in denying Appellant’s motions for discovery; 4) The district court erred in denying Appellant’s motion for mistrial; 5) The district court erred by continuing numerous pretrial hearings without Appellant’s knowledge and consent, and directly contrary to his directives to appointed counsel, based solely on oral motions to continue and then finding that the continuances tolled his speedy trial rights; the appellate court erred by affirming those errors.; 6) Appellant’s appointed counsel was ineffective in refusing to assert his statutory and constitutional rights to a speedy trial; 7) Appellant’s appointed and trial counsel were ineffective for entering into a contractual agreement with the State without Appellant’s knowledge or consent prohibiting him from having direct access to his discovery; 8) Appellant’s trial and appointed counsel was ineffective by failing to withdraw the motions to depose; 9) Appellant’s trial counsel was ineffective by failing to petition for further review of the interlocutory appeal; and 10) Appellant’s appointed and trial counsel were ineffective for failing to review discovery.