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· 7/15/1881

Hoagland v. Erck

Citations

  • 11 Neb. 580

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that failure to object insufficient on its own to establish ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel’s performance materially prejudiced the defense
  • stating that failure to object insufficient on its own to establish ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel’s performance materially prejudiced the defense
  • looking to § 2929.04(B)(7) for proper definition of mitigating factors and finding trial court's use of different definition in subsequent written opinion was harmless error in part because jury was given proper § 2929.04(B) instruction at time
  • looking to § 2929.04(B)(7) for proper definition of mitigating factors and finding trial court’s use of different definition in subsequent written opinion was harmless error in part because jury was given proper § 2929.04(B) instruction at time
  • “When found not mitigating, a factor may be given little or no weight against the aggravating circumstances” (citations omitted)
  • the defendant was granted entry by the resident, who had never met the defendant before that evening, and he killed the resident less than 90 minutes later

Source: CourtListener parenthetical corpus (CC0).

Judges: Maxwell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.