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STATE v. NELSON

No. S-06-449.

739 N.W.2d 199 (2007)

274 Neb. 304

STATE of Nebraska, appellee, v. Robert J. NELSON, appellant.

Supreme Court of Nebraska.

October 5, 2007.

Attorney(s) appearing for the Case

Daniel W. Ryberg, Omaha, for appellant.

Jon Bruning, Attorney General, James D. Smith, and, on brief, Susan J. Gustafson, Lincoln, for appellee.

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

GERRARD, J.

NATURE OF CASE

Robert J. Nelson was convicted of making terroristic threats in violation of Neb. Rev.Stat. § 28-311.01 (Reissue 1995). On appeal, Nelson argued that his trial counsel was ineffective for failing to challenge the constitutionality of § 28-311.01. The Nebraska Court of Appeals determined that it did not have jurisdiction to decide whether Nelson's trial counsel was ineffective because in order to do so, it would be required...

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