S-22-0393 State of Nebraska (Appellee) v. Nathan V. Harms (Appellant)
Appeal from District Court for Douglas County, Judge Kimberly Miller Pankonin
Attorneys: Robert B. Creager (Anderson, Creager & Wittstruck, P.C., L.L.O. for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee).
Civil: Postconviction Relief
Proceedings below: Appellant’s conviction and sentences for three (3) counts of possession of child pornography was affirmed by memorandum opinion. See State v. Harms, A-19-0630. In the instant action, the trial court denied Appellant’s Motion for Postconviction Relief without hearing, and the Court of Appeals affirmed that decision in a Memorandum Opinion. Appellant then filed a Petition for Further Review, which the Supreme Court sustained and transferred this case to its docket.
Issues: Appellant makes the following statement of errors: 1) The Court of Appeals erred in concluding that Harms’ competency claim was procedurally barred; 2) The Court of Appeals erred in concluding that Harms was otherwise competent based upon the plea colloquy; and 3) The Court of Appeals erred in denying Harms’ claim of ineffective assistance of trial and appellate counsel in failing to raise and preserve his lack of competence claim.