State v. Plant

Thomas M. Plant, through a pro se postconviction relief motion, asked the district court to set aside his second degree murder conviction because of prejudicial error in regard to a jury instruction and because his trial counsel provided ineffective assistance by not objecting to the jury instruction.

The district court for Douglas County overruled Plant’s *54postconviction relief motion, and Plant appealed. We reverse the district court’s postconviction relief judgment and remand the second degree murder cause to the district court for a new trial.

ASSIGNMENTS OF ERROR

On appeal of the district…