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State v. Keyser

Supreme Court of Nebraska

June 28, 2013

State of Nebraska, appellee,
v.
Loucas Keyser, appellant.

1. Postconviction: Proof: Appeal and Error. A defendant requesting postconviction relief must establish the basis for such relief and the findings of the district court will not be disturbed unless they are clearly erroneous.

2. Effectiveness of Counsel: Appeal and Error. Appellate review of a claim of ineffective assistance of counsel is a mixed question of law and fact.

3. ___: ___. When reviewing a claim of ineffective assistance of counsel, an appellate court reviews the factual findings of the lower court for clear error.

4.___: ___. With regard to the questions of counsel's performance or prejudice to the defendant as part of the two-pronged test articulated in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), an appellate court reviews such legal determinations independently of the lower court's decision.

Appeal from the District Court for Buffalo County: John P. Icenogle, Judge.

Charles D. Brewster, of Anderson, Klein, Swan & Brewster, for appellant.

Jon Bruning, Attorney General, and George R. Love for appellee.

Heavican, C.J., Wright, Stephan, Miller-Lerman, and Cassel, JJ.

Heavican, C.J.

INTRODUCTION

Following an evidentiary hearing, Loucas Keyser's motion for postconviction relief was denied. Keyser appeals. We affirm.

BACKGROUND

In November 2000, Keyser was charged with first degree murder and use of a weapon to commit a felony for the shooting death of Paul Adkism on May 13, 2000. Keyser, Adkism, and two other individuals reportedly drove to a rural area outside of Kearney, Nebraska, where Keyser shot Adkism in the head. Adkism's body was dumped nearby.

[286 Neb. 177] On February 20, 2001, a conference was held in chambers with the district court, the prosecutor, and Keyser's counsel present. At this conference, Keyser's counsel was told that the State had information that a vehicle similar to the one occupied by Keyser and Adkism was near the location of the shooting at the time of the shooting and that the owner of the vehicle had a 9-mm handgun which had not been ruled out as the type of ...


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