State v. Drake

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State v. Drake

Case Number
S-21-0179
Call Date
December 3, 2021
Case Time
9:00 AM
Court Number
York
Case Location
Lincoln
Court Type
District Court
Case Summary

S-21-0179 State of Nebraska (Appellee) v. John A. Drake (Appellant)

District Court for York County, Hon. James Stecker

Attorneys: Matthew Lewis, Assistant Attorney General for Appellee --- Jerry D. Clinch (Fillman Law Offices, L.L.C.) for Appellant

Criminal: Motion to suppress, Enhancement, Ineffective Assistance of Counsel on Direct Appeal

Proceedings Below: The district court denied John A. Drake’s motion to suppress; found Drake guilty of possession of a controlled substance; and found Drake to be a habitual criminal under Neb. Rev. Stat. § 29-2221 (Reissue 2016). Due to his enhanced sentence, the court sentenced Drake to a term of 10 to 12 years’ incarceration.

Issues: 1. Whether Drake’s motion to suppress should have been granted. 2. Whether Drake’s sentence should have been enhanced. 3. Whether any of Drake’s ineffective assistance of counsel claims may be addressed on direct appeal.

Schedule Code
SC