S-22-0810 State of Nebraska (Appellee) v. Dap T. Dap (Appellant)
Appeal from District Court for Hall County, Judge Patrick M. Lee.
Attorneys: J.D. Sabott (Wolf, McDermott, Depue, Sabott, Butz & Porto, LLC for Appellant) and Erin E. Tangeman (Asst. Attorney General for Appellee).
Criminal: Possession of a Deadly Weapon by a Prohibited Person, Unlawful Discharge of a Firearm, Use of a Deadly Weapon to Commit a Felony, and Obstructing a Peace Officer
Proceedings below: The district court found Appellant guilty of Possession of a Deadly Weapon by a Prohibited Person, Unlawful Discharge of a Firearm, Use of a Deadly Weapon to Commit a Felony, and Obstructing a Peace Officer, and the district court gave Appellant concurrent sentences of three (3) to six (6) years in prison for the Possession of a Deadly Weapon by a Prohibited Person and Unlawful Discharge of a firearm as well as ten (10) days in prison for Obstructing a Peace Officer. The district court gave Appellant a consecutive sentence of five (5) to ten (10) years in prison for Use of a Deadly Weapon to Commit a Felony. On its own motion, the Supreme Court ordered that this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court abused its discretion by denying Appellant’s Motion for a New Trial; 2) Evidence insufficient to support a conviction of Nebraska Review Statute § 28-1206(1)(a)(3)(b); 3) Evidence insufficient to support a conviction of Nebraska Review Statute § 28-1212.02; 4) Dap was denied effective assistance of counsel as guaranteed by the 6th and 14th Amendments to the United States Constitution, Article 1, Section 11 of the Nebraska Constitution, and Strickland v. Washington, 466 U.S. 668 (1984) by trial counsel’s failure to adequately conduct an investigation into the State’s allegations; a) Failure to communicate and adequately review discovery with Dap; b) Failure to investigate in an attempt to develop favorable evidence; c) Failure to conduct depositions; 5) Dap was denied effective assistance of counsel as guaranteed by the 6th and 14th amendments to the United States Constitutional, Article 1, Section 11 of the Nebraska Constitution, and Strickland v. Washington, 466 U.S. 668 (1984) by trial counsel’s advice that Dap should not testify on his own behalf; and 6) The cumulative effect of all the foregoing errors deprived Dap of his right to due process of laww under the 5th and 4th amendments to the United States Constitution and to a fair trial.