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State v. Keyser

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Date: 
Wednesday, May 29, 2013

S-12-1006, State v. Loucas Keyser (Appellant)

Buffalo County, Judge John P. Icenogle

Attorneys: Charles D. Brewster (Appellant) --- George R. Love (Attorney General’s Office)

Civil: Postconviction; life imprisonment for 2nd degree murder

Proceedings below: After a bifurcated evidentiary hearing, the court denied Appellant’s motion for postconviction relief.

Issues: A. The district court erred by $anting the State's Motion to Bifurcate the evidentiary hearing and allowing the State to present its evidence prior to the Appellant's presentation of evidence. B. That the district court erred in making a finding that the Appellant was not entitled to postconviction relief without giving the Appellant an opportunity to present evidence of his side of the case in support of his verified motion. C. The district court erred by treating statements contained in Exhibit #2 offered to the court by the State as "testimony" when the Exhibit was offered for a limited purpose and not for the truth of the matter asserted. D. The district court erred by finding that the Appellant should not be granted postconviction relief in violation of the Nebraska Postconviction Act, Neb. Rev. Stat. § 29-3001et seq. and the United States Constitution, 5th, 6th, and 14th Amendments and also the Neb. Const. art. I §§ 3, 11. E. The district court erred in failing to finding that Appellant was unconstitutionally deprived of effective assistance of counsel when his trial counsel failed to adequately inform Appellant of the existence, or possible existence, of exculpatory evidence prior to Appellant's acceptance of a plea bargain in violation of the Nebraska Postconviction Act, Neb. Rev. Stat.§ 29-3001, et. seq. and the United States Constitution, 5th, 6th and 14th Amendments, and the Neb. Const. art. I §§ 3,11.

 

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