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STATE v. MARSHALL

No. S-06-494.

725 N.W.2d 834 (2007)

272 Neb. 924

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

Supreme Court of Nebraska.

January 12, 2007.

Attorney(s) appearing for the Case

Brian S. Munnelly for appellant.

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

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

HEAVICAN, C.J.

NATURE OF CASE

This is an appeal from the district court's denial of Damian J. Marshall's second motion for postconviction relief, without an evidentiary hearing. In 1996, after two mistrials, Marshall was convicted of second degree murder, attempted second degree murder, and two counts of using a firearm to commit a felony, which convictions this court affirmed. State v. Marshall,

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