State v. Malone

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State v. Malone

Additional Case Names


Case Number
Call Date
March 3, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0118, S-20-0460 State of Nebraska v. Kevin W. Malone (Appellant)

Douglas County District Court, Hon. Shelly R. Stratman

Attorneys: Bradley H. Supernaw (Boucher Law Firm, for Appellant); Melissa R. Vincent (Office of the Attorney General, for Appellee)

Criminal: Postconviction; Due Process; Ineffective assistance of counsel

Proceedings Below: The district court denied Appellant’s motion for postconviction relief without an evidentiary hearing and denied his motion to amend the Bill of Exceptions.

Issues on Appeal: Summarized and restated, Appellant asserts the following errors on appeal 1) the district court erred in determining that there were no errors in the Bill of Exceptions; 2) that Appellant was deprived of effective assistance of counsel in violation of Article I Section 3, 11, and 23 of the Nebraska Constitution and the Sixth and Fourteenth Amendments of the U.S. Constitution; and 3) Appellant was denied due process of law as a result of prosecutorial misconduct and misconduct by police officers in violation of Article I section 3, 11 and 12 of the Nebraska State Constitution and the Fifth and Fourteenth Amendments to the U.S. Constitution.

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