State v. Alarcon-Chavez

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State v. Alarcon-Chavez

Case Number
S-16-0456
Call Date
January 6, 2017
Court Number
Madison
Case Summary

S-16-0456 State v. Leodan Alarcon-Chavez (Appellant)

Madison County, Judge Mark A. Johnson

Attorneys: Martin V. Klein (Carney Law PC) (Appellant) --- Kimberly A. Klein (Attorney General's Office)

Civil: Postconviction

Proceedings below: Appellant's direct appeal was affirmed by the Nebraska Supreme Court. See State v. Alarcon-Chavez, 284 Neb. 322 (2012). Appellant filed a 4th Amended Motion for Postconviction Relief in the trial court. After an evidentiary hearing, the motion was denied.

Issues: 1. The District Court erred in denying postconviction relief by not finding his Trial counsel failed to verify, ensure and or preserve the making of an official record of the voir dire proceeding, which denied Chavez his constitutional and statutory rights provided to him under Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986). 2. The District Court erred in denying postconviction relief by not finding Chavez was denied effective assistance of counsel, as guaranteed by the Sixth and Fourteenth Amendment to the United States Constitution and Art. I, '11 of the Nebraska Constitution. 2a.The District Court erred in denying postconviction relief by not finding counsel for Chavez was ineffective because they failed to make a proper Batson challenge of a Hispanic juror stricken from the jury venire. 2b. The District Court erred in denying postconviction relief by not finding Chavez was denied effective assistance of counsel because his counsel failed to communicate any plea offers made by the County Attorney. 2c.The District Court erred in denying postconviction relief by not finding counsel for Chavez was ineffective because they failed to speak with his witnesses before Trial, failed to advise Chavez of his right to independently test DNA evidence and to depose the State's expert witnesses. 2d. The District Court erred in denying postconviction relief by not finding counsel for Chavez provided ineffective assistance of counsel due to their failure to object to the State's questioning of key witnesses and offers of exhibits during the Trial. 3. The District Court erred in denying postconviction relief by not finding Chavez was unable to understand part of the Trial testimony because he could not understand the Court interpreters during the Trial, in violation of his United States and Nebraska Constitutional rights.