State v. Brown

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State v. Brown

Additional Case Names


Case Number
Call Date
September 2, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

-21-0097, State of Nebraska (Appellee) v. David B. Brown (Appellant) 

Appeal from the District Court for Butler County, Judge Christina M. Marroquin

Attorneys:  Robert W. Chapin (Chapin Law Firm for Appellant) and Siobhan E. Duffy (Assistant Attorney General)

Criminal:  Ineffective of Counsel; Motion to Reconsider; Petition for Further Review

Proceedings below:  Appellant filed a Motion for Post-Conviction relief alleging ineffective assistance of trial and appellate counsel, which was denied.  Appellant’s Motion to Reconsider was dismissed for being untimely filed.  The Nebraska Court of Appeals reversed and remanded the matter.  Appellee filed a Petition for Further Review to the Supreme Court, which was sustained and the matter was transferred to the Supreme Court docket.

Issues: On Petition for Further Review, the State asserts the following assignments of error:  1) The Court of Appeals erred in relying on State v. Parnell, 301 Neb. 774 (2018), and State v. Jones, 307 Neb. 809 (2020), when reversing and remanding the district court’s denial of Brown’s motion for reconsideration, motion to vacate and reinstate order denying postconviction relief; and 2) The Court of Appeals erred in remanding the matter to the district court for consideration because remand was not necessary because the motion was correctly denied, though for a different reason than that given by the district court.

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