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STATE v. SIMS

No. S-06-249.

725 N.W.2d 175 (2006)

272 Neb. 811

STATE of Nebraska, appellee, v. Michael J. SIMS, appellant.

Supreme Court of Nebraska.

December 22, 2006.

Attorney(s) appearing for the Case

Jason E. Troia and Jill Daley, of Gallup & Schaefer, Omaha, for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

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

McCORMACK, J.

I. NATURE OF CASE

This is an appeal from the denial, after an evidentiary hearing, of Michael J. Sims' motion for postconviction relief to set aside his 1998 convictions for first degree murder, attempted first degree murder, and two counts of use of a deadly weapon to commit a felony. Sims alleged that he was denied his right to effective assistance of counsel because trial counsel failed to file a motion for discharge asserting Sims' right...

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