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STATE v. MARSHALL

No. S-03-893.

690 N.W.2d 593 (2005)

269 Neb. 56

STATE of Nebraska, appellee, v. Damian J. MARSHALL, appellant.

Supreme Court of Nebraska.

January 7, 2005.

Attorney(s) appearing for the Case

Brian S. Munnelly, Bethesda, MD, for appellant.

Jon Bruning, Attorney General, and James D. Smith, for appellee.

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

STEPHAN, J.

In 1996, Damian J. Marshall was tried before a jury and convicted of second degree murder, attempted second degree murder, and two counts of using a firearm to commit a felony. His convictions were affirmed by this court on direct appeal. State v. Marshall, 253 Neb. 676, 573 N.W.2d 406 (1998). On January 31, 2003, Marshall filed a pro se motion for postconviction relief. The district...

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