Nebraska Supreme Court· 2/26/2021

State v. Russell

Citations

954 N.W.2d 920
308 Neb. 499

How courts have described this case

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

finding that defendant was adequately apprised of his right to appeal and that he did not instruct trial counsel to file direct appeal did not require further inquiry on appeal from postconviction action into whether defendant was prejudiced by counsel’s failure to file direct appeal
defendant who relies upon his or her testimony with little or no supporting documentary evidence does so at risk of nonpersuasion
to show prejudice, defendant must demonstrate reasonable probability that but for counsel’s deficient performance, result of proceeding would have been different.
in evidentiary hearing for postconviction relief, postconviction trial judge, as trier of fact, resolves conflicts in evidence and questions of fact, including witness credibility and weight to be given witness’ testimony
in evidentiary hearing for postconviction relief, postconviction trial judge, as trier of fact, resolves conflicts in evidence and -7- questions of fact, including witness credibility and weight to be given witness’ testimony

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