State v. Russell Pittman (Appellant)

Saunders County, Judge Mary C. Gilbride

Attorneys:  Leo J. Eskey (Appellant) --- Stacy M. Foust (Attorney General’s Office)

Civil:  Postconviction

Proceedings below:  Appellant’s motion for postconviction relief was denied after evidentiary hearing. Appellant appealed. The Court of Appeals affirmed in part, and in part reversed and remanded with directions. See State v. Pittman, 20 Neb. App. 36 (2012). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review:  The Court of Appeals erred in finding Pittman’s appellate counsel ineffective in failing to raise on direct appeal that Pittman’s trial counsel had been ineffective for failing to challenge the penalty classification of his attempted kidnapping charge.