STATE v. HUDSON

No. S-08-151.

761 N.W.2d 536 (2009)

277 Neb. 182

STATE of Nebraska, appellee, v. Elmore HUDSON, Jr., appellant.

Supreme Court of Nebraska.

February 20, 2009.


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.


GERRARD, J.

This is an appeal by Elmore Hudson, Jr., from the denial of his motion for postconviction relief. The primary issue presented on appeal is whether Hudson was deprived of effective assistance of counsel when his trial counsel failed to make a motion for mistrial based on an allegedly improper communication between the judge and jury. We conclude that counsel's failure to move for a mistrial was not prejudicial and, therefore, affirm the judgment of the...

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