S-13-0408, State v. Matthew Fox (Appellant)
Lancaster County, Judge Robert Otte
Attorneys: George R. Love (Attorney General’s Office) --- Pro Se Appellant
Proceedings below: The trial court denied Appellant’s motion for postconviction relief without an evidentiary hearing.
Issues: The district court erred in (1) failing to find counsel was ineffective in failing to object to instructions No. 7 and 9; (2) finding Appellant was not prejudiced by trial counsel’s failure to seek an opinion of a second expert witness; (3) finding Appellant was not prejudiced by counsel’s failure to raise the issues of erroneous jury instruction s and insufficient evidence on direct appeal; (4) finding Appellant failed to make any factual allegations which demonstrated a denial or infringement of due process; (5) sustaining the State’s motion to deny an evidentiary hearing.