Legal Opinion

State v. Avina-Murillo

Nebraska Supreme Court

Decided September 28, 2018No. S-17-1302PublishedCited by 45 opinions

1Opinion of the CourtCassel, J.

**187 *869 INTRODUCTION

After being convicted by a jury and sentenced in a criminal case, Veronica P. Avina-Murillo brings this direct appeal. We cannot review the denial of her motion for new trial, because the motion was not timely. We review her ineffective assistance claims, stemming from her initial trial counsel's allegedly unethical conduct-which she characterizes as a conflict of interest. A central question is whether the Strickland v. Washington 1 standard applies or whether prejudice should be presumed. On these facts, we conclude that Strickland applies and that the record is…

2Cases cited22 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cuyler v. SullivanSupreme Court of the United States · 1980
  3. Holloway v. ArkansasSupreme Court of the United States · 1978
  4. Mickens v. TaylorSupreme Court of the United States · 2002
  5. Betty Lou Beets v. Wayne Scott, Director Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1995

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3Cited by45 opinions

  1. State v. MrzaNebraska Supreme Court · 2019
  2. State v. GolyarNebraska Supreme Court · 2018
  3. State v. BriggsNebraska Supreme Court · 2019
  4. State v. MunozNebraska Supreme Court · 2019
  5. State v. AndersonNebraska Supreme Court · 2020

40 more not listed; retrieve them via the Exa API.

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