Legal Opinion

State v. Drinkwalter

Nebraska Court of Appeals

Decided August 22, 2006No. A-04-988PublishedCited by 4 opinions

1Opinion of the Court

Sievers, Judge.

Randy Drinkwalter appeals from an order of the district court for Cherry County, Nebraska, denying his motion for postconviction relief. Drinkwalter’s motion was premised upon the notion that one cannot be convicted of both an unintentional crime — manslaughter—and an intentional crime — use of a weapon to commit a felony. Because Drinkwalter’s convictions of such crimes are the result of a plea bargain, we reject his claim and affirm the denial of Drinkwalter’s motion for postconviction relief.

FACTUAL AND PROCEDURAL BACKGROUND

Drinkwalter was originally convicted in 1990 of…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. McMann v. RichardsonSupreme Court of the United States · 1970
  5. Tollett v. HendersonSupreme Court of the United States · 1973

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3Cited by4 opinions

  1. State v. DavenportNebraska Court of Appeals · 2008
  2. Akins v. KenneyDistrict Court, D. Nebraska · 2008
  3. State v. MartinezNebraska Court of Appeals · 2017
  4. State v. MartinezNebraska Court of Appeals · 2017

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