Douglas County, Judge J. Russell Derr

Attorneys: Brian S. Munnelly (Appellant) --- Kimberly A. Klein (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The trial court denied Appellant’s request for an evidentiary hearing and sustained the State’s motion to dismiss.

Issues: The district court erred in (1) denying Appellant an evidentiary hearing on the issue of change of venue and counsel was ineffective in failing to raise this issue on direct appeal; (2) failing to grant an evidentiary hearing on the issue of fabricated forensic evidence; (3) failing to find ineffective assistance of trial counsel.