State v. Harris

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State v. Harris

Case Number
S-16-0283
Call Date
November 4, 2016
Court Number
Douglas
Case Summary

S-16-0283 State v. Jack E. Harris (Appellant)

Douglas County District Court, Judge William Zastera, Sarpy County Judge acting as Douglas County Judge

Attorneys: Sarah P. Newell (Nebraska Commission on Public Advocacy) (Appellant) --- Kimberly A. Klein (Attorney General's Office)

Civil: Postconviction

Proceedings below: Following an evidentiary hearing, the district court denied Appellant's motion for postconviction relief.

Issues: The district court erred by 1) overruling Appellant's third amended postconviction motion because his convictions were obtained as the result of prosecutorial misconduct in violation of the Sixth and Fourteenth Amendments to the United States Constitution, Nebraska Constitution Article I, ' 3, the decisions in Brady v. Maryland, 373 U.S. 83 (1963), Kyles v. Whitley, 514 U.S. 419 (1995), and their progeny, 2) failing to address Appellant's allegation of prosecutorial misconduct for misrepresenting Hick's plea agreement, resulting in a violation of Appellant's the Sixth and Fourteenth Amendments rights under the United States Constitution and Nebraska Constitution Article I, '' 3 and 11, and 3) overruling Appellant's third amended postconviction motion because he received ineffective assistance of court-appointed trial counsel in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Nebraska Constitution Article I, '' 3 and 11.