STATE v. McCROY

Nos. S-98-330, S-98-331, S-98-332.

613 N.W.2d 1 (2000)

259 Neb. 709

STATE of Nebraska, appellee, v. Barry D. McCROY, appellant.

Supreme Court of Nebraska.

June 16, 2000.


Attorney(s) appearing for the Case

Barry D. McCroy, pro se.

Don Stenberg, Attorney General, and David T. Bydalek, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

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...

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