State v. Keithley

On November 12, 1986, the defendant, Gary A. Keithley, was convicted of second degree murder in the stabbing death of William Weiner and was sentenced to 20 years’ imprisonment. The judgment was affirmed in State v. Keithley, 227 Neb. 402, 418 N.W.2d 212 (1988). The facts are set forth in detail in State v. Keithley, supra.

On August 4, 1989, the defendant filed a motion for postconviction relief pursuant to Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1989). The motion alleged ineffective assistance of his trial counsel in failing to request a jury instruction on manslaughter, ineffective…