State v. Anthony

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State v. Anthony

Additional Case Names
Subject to call at 10:30am
Case Number
Court Number
Call Date
March 9, 2021
Case Time
9:30 AM
Case Summary

A-20-0644, State of Nebraska (Appellee and Cross-Appellant) v. Ricky E. Anthony (Appellant and Cross-Appellee)

District Court of Otoe County, Judge Julie D. Smith

Attorney for Appellant: Julie E. Bear (Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.)

Attorney for Appellee: Melissa Vincent (Attorney General’s Office)

Criminal: Habitual Criminal Enhancement; Postconviction Relief; Ineffective Assistance of Trial Counsel

Action Taken by Trial Court: Appellant entered pleas of no contest to two felony counts of motor vehicle homicide. The district court accepted Appellant’s pleas and found him to be a habitual offender. The district court then sentenced Appellant to concurrent terms of incarceration of not less than 20 years nor more than 40 years. Appellant subsequently filed a motion for postconviction relief asserting, among other things, that he received ineffective assistance of counsel because counsel failed to file a timely direct appeal. The district court granted Appellant postconviction relief in the form of a new direct appeal.

Assignments of Error on Appeal: On appeal, Appellant alleges that there was insufficient evidence to support the district court’s finding that he was a habitual offender; that the district court imposed excessive sentences; and that he received ineffective assistance of trial counsel in various respects. On cross-appeal, the State asserts that the district court erred in granting Appellant postconviction relief in the form of a new direct appeal without first holding a full evidentiary hearing.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Chief Judge, Arterburn and Welch, Judges