State v. McLemore

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State v. McLemore

Case Number
S-15-0218
Call Date
January 27, 2016
Court Number
Douglas
Case Summary

S-15-0218, State v. Michael E. McLemore (Appellant)

Douglas County, Hon. J. Russell Derr

Attorneys: Douglas J. Peterson and Kimberly A. Klein (Attorney General's Office); Michael E. McLemore (Pro se Appellant)

Civil: Postconviction Relief

Proceedings below: The district court denied Appellant's petition for postconviction relief.

Issue: The district court erred in 1) denying Appellant's verified motion for postconviction relief and addendum to verified motion for postconviction relief regarding the 'numerous occurences' of the State providing false testimony and evidence to the jury in closing and rebuttal arguments, 2) denying Appellant's verified motion for postconviction relief and addendum to verified motion for postconviction relief regarding ineffective assistance of trial counsel, 3) denying Appellant's verified motion for postconviction relief and addendum to verified motion for postconviction relief regarding the violation of Appellant's rights under the confrontation clause of the U.S. Constitution and the Nebraska Constitution and the use of hearsay testimony, and 4) denying Appellant's verified motion for postconviction relief and addendum to verified motion for postconviction relief regarding prosecutorial misconduct for providing the jury with 'numerous occurrences' of false testimony in closing and rebuttal arguments.