S-16-1233 State v. Christopher M. Payne (Appellant)
Sarpy County District Court, Judge William Zastera
Attorneys: Nathan A. Liss (Attorney General’s Office) --- Gregory A. Pivovar (Appellant)
Criminal: Plea; 1st degree sexual assault on a child; postconviction; ineffective assistance
Proceedings below: In State v. Payne, 289 Neb. 467 (2014), the Nebraska Supreme Court remanded the case with directions. On remand, the district court granted an evidentiary hearing on the issue of whether Appellant’s trial counsel was ineffective for not filing a direct appeal.
Issues: 1) Appellant received ineffective assistance of counsel advising him to enter into a plea agreement, and 2) the trial court abused its discretion in ordering that the evidentiary hearing be conducted in this case pursuant to remand would only address the issue of whether the Appellant would be grated a new direct appeal and would not address other issues of ineffective assistance of counsel in entering into the plea.