State v. Starks

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State v. Starks

Case Number
Call Date
April 26, 2016
Court Number
Case Summary

S-15-0822 State v. Courtney W. Starks (Appellant)

Douglas County, Judge Marlon A. Polk

Attorneys: Pro Se Appellant'Kimberly A. Klein (Attorney General's Office)

Civil: Postconviction; Life sentence

Proceedings below: The trial court entered an order denying both an evidentiary hearing and postconviction relief.

Issues: The district court erred in (1) finding Appellant's ineffective assistance of appellate counsel claim was a conclusory allegation; (2) finding Appellant failed to allege and show but for counsel's deficient performance, the result of his appeal would have been different; (3) determining that there was not any scintilla of evidence that his confession was obtained by police deception; (4) determining there was no evidence that a State witness testified falsely; (5) finding Appellant's prosecutorial misconduct claim for the State's failure to produce requested Brady materials was without merit; (6) not following postconviction procedural requirements of the Nebraska Postconviction Act, Neb. Rev. Stat. ' 29-3001 et seq.