State v. McCroy

Barry D. McCroy appeals from the court’s denial of his motions for postconviction relief without conducting an evidentiary hearing. McCroy asserts that he is entitled to postconviction relief because his counsel at the time of his plea-based convictions had been previously disbarred in Colorado, and was subsequently disbarred in Nebraska. McCroy contends that he was denied the effective assistance of counsel (1) under a per se rule because of the disbarments and (2) because his attorney failed to honor his request to perfect a direct appeal. We conclude that the first claim is without merit,…