State v. Warren

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

State v. Warren

Case Number
Call Date
September 27, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-1003 State of Nebraska (Appellee) v. Benjamin J. Warren (Appellant)

Appeal from the District Court for Lancaster County, Judge Ryan S. Post

Attorneys:  Nicholas R. Glasz (Glasz Law Firm for Appellant) and Austin N. Relph (Assistant Attorney General for Appellee). 

Criminal:  Disturbing the Peace; Failure to file a Statement of Errors; Ineffective Assistance of Counsel. 

Proceedings below:  After being convicted of disturbing the peace by the county court, Appellant appealed his conviction to the district court, which affirmed the county court’s determination after finding that he failed to timely file a Statement of Errors as required under Neb. Ct. R. §6-1518.  On its own motion, the Nebraska Supreme Court ordered this case to be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket. 

Issues: Appellant assigns the following errors:  1) Whether the district court erred in determining that the Appellant was required to file a statement of errors as required by Neb. Ct. R. §6-1518; 2) Whether the district court erred in limiting its review to plain error because no statement of errors was timely filed; 3) Whether the district court erred by not reviewing the briefs and arguments of Appellant and erred by not taking the briefs and arguments into consideration in its holding and opinion; and 4) Whether the trial counsel was ineffective in failing to timely file a Statement of Errors as required by Nebraska Supreme Court Rules §6-1518(B).

Schedule Code