State v. Carr

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State v. Carr

Case Number
S-15-0921
S-15-0922
Call Date
April 26, 2016
Court Number
Lancaster
Case Summary

S-15-0921) State v. Joshua D. Carr (Appellant)

S-15-0922) State v. Joshua D. Carr (Appellant)

Lancaster County District Court, Judge Steven D. Burns

Attorneys: Austin N. Relph (Attorney General's Office) --- Sarah P. Newell (Nebraska Commission on Public Advocacy)(Appellant)

Criminal: Plea; newly discovered evidence

Proceedings below: Appellant was convicted pursuant to pleas of no contest. Prior to sentencing, Appellant motioned to withdraw his pleas based on newly discovered evidence. After a hearing, the district court denied Appellant's motions and sentenced him. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in 1) overruling Appellant's motions to withdraw his pleas because Appellant established a fair and just reason to withdraw his pleas by clear and convincing evidence; newly discovered, potentially exculpatory evidence, and 2) overruling Appellant's motions to withdraw his pleas because Appellant's pleas were not freely, voluntarily, intelligently, and knowingly made because he was unaware of potentially exculpatory evidence at the time they were entered.