State v. Marshall

NATURE OF CASE

This is an appeal from the district court’s denial of Damian J. Marshall’s second motion for postconviction relief, without an evidentiary hearing. In 1996, after two mistrials, Marshall was convicted of second degree murder, attempted second degree murder, and two counts of using a firearm to commit a felony, which convictions this court affirmed. State v. Marshall, 253 Neb. 676, 573 N.W.2d 406 (1998) (Marshall I). We also affirmed the district court’s denial of Marshall’s first postconviction motion. State v. Marshall, 269 Neb. 56, 690 N.W.2d 593 (2005) (Marshall II). In his…