State v. Warner

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State v. Warner

Case Number
Call Date
April 26, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0733 State of Nebraska v. Paul B. Warner (Appellant)

District Court for Cass County, Judge Michael A. Smith

Attorneys:  William F. Eustice (Appellant) and Kimberly A. Klein (Attorney General’s Office for Appellee)

Criminal: Plea to Attempted First Degree Assault on an Officer (2 counts); Use of a Firearm to Commit a Felony, Terroristic Threats, Second Degree Assault, and Felony Child Abuse

Proceedings below: Appellant entered a plea of no contest to an amended information. After a hearing, Appellant was sentenced to a total of 18-32 years in prison, with credit for 549 days served.

Issues: Appellant alleges that the district court:  1) erred in not adjudicating Appellant’s Notice of Intention to Rely Upon Insanity Defense and 2) abused its discretion in denying Appellant’s motion to withdraw previously entered pleas of no contest. Appellant also alleges that his trial counsel was ineffective in failing to pursue the Notice of Intention to Rely Upon the Insanity Defense, and allowing him to plead without addressing the issue.

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