State v. Filholm

Nebraska Advance Sheets STATE v. FILHOLM 763 Cite as

287 Neb. 763

State of Nebraska, appellee, v. Mark S. Filholm, appellant. ___ N.W.2d ___ Filed March 28, 2014. No. S-12-759. 1. Effectiveness of Counsel: Appeal and Error. Appellate review of a claim of ineffective assistance of counsel is a mixed question of law and fact. When reviewing a claim of ineffective assistance of counsel, an appellate court reviews the factual findings of the lower court for clear error. With regard to the questions of counsel’s performance or prejudice to the defendant as part of the two-pronged test articulated in…