STATE v. GUNTHER

No. S-08-631.

768 N.W.2d 453 (2009)

278 Neb. 173

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

Supreme Court of Nebraska.

July 24, 2009.


Attorney(s) appearing for the Case

Donald L. Schense, of Law Office of Donald L. Schense, 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.


MILLER-LERMAN, J.

NATURE OF CASE

Michael J. Gunther appeals the denial of his motion for postconviction relief without an evidentiary hearing. On appeal, Gunther claims that he received ineffective assistance of standby counsel at his trial, entitling him to postconviction relief. Because we conclude that the standby counsel issue does not raise a constitutional claim, we affirm the denial of postconviction relief without an evidentiary hearing.

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