Legal Opinion

State v. Escamilla

Nebraska Supreme Court

Decided January 28, 1994No. S-92-347PublishedCited by 9 opinions

1Opinion of the CourtHastings, C.J.

The State of Nebraska appeals an order of the Lancaster County District Court which granted defendant Mario Escamilla’s motion for postconviction relief, set aside his conviction of murder in the first degree, and permitted him to withdraw his plea of guilty. The issue tried before the district court was whether Escamilla pled guilty to first degree murder because of ineffective assistance of counsel.

On appeal from a proceeding for postconviction relief, the trial court’s findings of fact will be upheld unless such findings are clearly erroneous. State v. Johnson, 243 Neb. 758, 502 N.W.2d 477…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Manson v. BrathwaiteSupreme Court of the United States · 1977
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. State v. JacobySupreme Court of Iowa · 1977
  5. Kenneth Hawkman v. Robert Parratt, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1981

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

3Cited by9 opinions

  1. State v. SilversNebraska Supreme Court · 1998
  2. State v. RyanNebraska Supreme Court · 1995
  3. State v. LindsayNebraska Supreme Court · 1994
  4. State v. WilliamsNebraska Supreme Court · 1997
  5. State v. BazerNebraska Supreme Court · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API