State v. Determan (PFR)

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State v. Determan (PFR)

Case Number
Call Date
December 3, 2015
Court Number
Case Summary

S-13-0756 State v. Aaron L. Determan (Appellant)

Saline County, Judge Vicky L. Johnson

Attorneys: Jeffrey A. Gaertig (Carlson, Schafer, & Davis, P.C., LLO) (Appellant) --- Melissa R. Vincent (Attorney General's Office)

Civil: Postconviction relief

Proceedings below: The district court dismissed remaining postconviction relief claims alleging instances of ineffective assistance of counsel without an evidentiary hearing. The Court of Appeals vacated the judgment and remanded for further proceedings. See State v. Determan, 22 Neb. App. 683 (2015). Appellee State of Nebraska filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: 1. The Court of Appeals erred by mandating an incorrect "procedure" for postconviction motions which allege that counsel failed to file a direct appeal. 2. The Court of Appeals erred by extending the newly mandated procedure to "all postconviction cases." 3. The Court of Appeals erred by reversing the district court for failing to apply the newly mandated procedure.