S-22-0929 State of Nebraska (Appellee) v. Brandon J. Boone (Appellant)

Appeal from the District Court for Douglas County, Judge Shelly R. Stratman

Attorneys: Jerry Hug (Hug & Jacobs, LLC for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee). 

Criminal: Manslaughter, Use of a Weapon to Commit a Felony, Motion to Withdraw a Plea, and Ineffective Assistance of Counsel

Proceedings below: Appellant entered a no contest plea to Manslaughter and Use of a Weapon to Commit a Felony for which he was sentenced to nineteen (19) to twenty (20) years prison and forty-five (45) to fifty (50) years in prison, respectively.  The State of Nebraska filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained and transferred the matter to its docket. 

Issues: Appellant makes the following assignment of error:  1) The district court erred in denying the Appellant’s Motion to Withdraw his pleas where counsel representing him through the time of sentencing had provided ineffective assistance of counsel resulting in the Appellant entering his pleas of no contest which constitutes a manifest injustice.