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STATE v. NESBITT

No. S-09-350.

777 N.W.2d 821 (2010)

279 Neb. 355

STATE of Nebraska, appellee, v. Thomas Edward NESBITT, appellant.

Supreme Court of Nebraska.

January 29, 2010.

Attorney(s) appearing for the Case

Clarence E. Mock and Matthew M. Munderloh, of Johnson & Mock, Oakland, for appellant.

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

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

NATURE OF CASE

McCORMACK, J.

Thomas Edward Nesbitt appeals from an order of the district court denying his motion for postconviction relief. See State v. Nesbitt (Nesbitt II).1 After a hearing, the district court denied Nesbitt's postconviction relief on the issue of whether Nesbitt was denied effective assistance of counsel when his trial counsel failed to assert objections to the prosecutor's use of Nesbitt's...

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