State v. Ellis

The appellant, Roy L. Ellis, appeals from an order entered by the district court for Douglas County, Nebraska, denying post conviction relief sought pursuant to the provisions of Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1979). On direct appeal Ellis’ conviction was affirmed. See State v. Ellis, 214 Neb. 172, 333 N.W.2d 391 (1983) (Ellis I). Ellis’ principal contention in this post conviction proceeding is that he had ineffective assistance of counsel. His claim is based upon the fact that Ellis’ trial counsel did not argue that he was denied his constitutional rights when he was required…