State v. Ammons

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State v. Ammons

Case Number
Call Date
April 24, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0812 State of Nebraska (Appellee) v. Marvel D. Ammons (Appellant)

Appeal from the District Court for Douglas County, Judge J. Russell Derr

Attorneys:  Sarah M. Mooney (Mooney Law Office for Appellant) and Erin E. Tangeman (Asst. Attorney General for Appellee)

Criminal: Possession of a Firearm by a Prohibited Person and Postconviction Relief

Proceedings Below:  Appellant entered a guilty plea to two (2) counts of possession of a firearm by a prohibited person and was sentenced to six (6) to eight (8) years for each count with the sentences to run consecutively.  Appellant filed a Motion for Postconviction Relief alleging that trial counsel failed to file an appeal, which the trial court overruled.  On appeal, the Court of Appeals reversed the trial court.  See State v. Ammons, 31 Neb.App. 489, 984 N.W.2d 330 (2022).  The State of Nebraska filed a Petition for Further Review, which the Supreme Court sustained and transferred this matter to its docket.   

Issues: In its Petition for Further Review, the State of Nebraska makes the following statement of error:  The Court of Appeals erred in reversing the district court’s judgment denying postconviction relief by finding that trial counsel was ineffective and that the appellant was entitled to a new direct appeal.

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