State v. Lane

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State v. Lane

Case Number
Call Date
December 7, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0150 State v. Michael Lane (Appellant)

Douglas County, Judge Peter C. Bataillon

Attorneys: Nathan S. Lab (McGough Law PCLLO) (Appellant) --- Siobhan E. Duffy (Attorney General’s Office)

Criminal: Plea: Incest; withdrawal of plea

Proceedings below: Appellant accepted a plea agreement and entered a plea to a reduced charge of Incest (Class III felony). He was sentenced 4 to 4 years with a 2 year post-release supervision term.

Issues: 1. Whether Appellant should be allowed to withdraw his plea, post-sentencing, because at the time of his plea he was misinformed by the district court and State of Nebraska that he would not be subject to the sex offender registration. 2. Whether Appellant was prejudiced by the ineffective assistance of trial counsel. 3. Whether the district court abused its discretion in sentencing Appellant to an excessive term of imprisonment by failing to take into consideration the specific request of the victim and mitigating factors of the Appellant. 4. Whether the district court erred in imposing what is substantively an indeterminate sentence.  

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