S-20-0635 State of Nebraska v. Malik M. Stelly (Appellant)

Douglas County District Court, Hon. Shelly R. Stratman

Attorneys:  Austin N. Relph (Office of the Attorney General, for Appellee); Malik M. Stelly (pro se)

Civil: Postconviction; Ineffective assistance of counsel

Proceedings Below:  The district court denied Appellant’s amended motion for postconviction relief without an evidentiary hearing. 

Issues on Appeal:  Renumbered and restated, Appellant assigns on appeal that 1) the State provided reversible error by committing a Brady violation, in that the State failed to provide the full extraction report of EV 1 to Appellant; and 2) trial counsel and appellate counsel provided prejudicial ineffective assistance of counsel for not raising a Brady violation claim for the State not giving the defense the disc of the report for EV1. Appellant also alleges several instances of plain error Appellant claims occurred during the original trial proceedings.