State v. York

NATURE OF CASE

In 2005, Darin C. York was convicted of incest in the district court. On direct appeal, York argued that his trial counsel was ineffective, but conceded that the record was inadequate to review the issue, and the issue was only being raised in order to preserve it for a later postconviction action. The Nebraska Court of Appeals granted the State’s motion for summary affirmance, citing Neb. Ct. R. of Prac. 7B(2) (rev. 2001).

York filed a postconviction motion raising his ineffective assistance of counsel claims. The district court dismissed York’s motion without an evidentiary…