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State v. Fernando-Granados

Supreme Court of Nebraska

October 31, 2014

STATE OF NEBRASKA, APPELLEE,
v.
LUIS FERNANDO-GRANADOS, APPELLANT

Page 921

Appeal from the District Court for Douglas County: DUANE C. DOUGHERTY, Judge.

James J. Regan for appellant.

Jon Bruning, Attorney General, and Stacy M. Foust for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK,MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 922

[289 Neb. 349] McCormack, J.

NATURE OF CASE

In 2003, following a bench trial, Luis Fernando-Granados was convicted of first degree murder and use of a deadly weapon to commit a felony. We affirmed Fernando-Granados' convictions on direct appeal.[1] In 2012, Fernando-Granados brought a motion for postconviction relief in the district court for Douglas County, claiming ineffective assistance of counsel, prosecutorial misconduct, and a violation of the terms of the Vienna Convention on Consular Relations. The district court dismissed Fernando-Granados' motion without an evidentiary hearing. Fernando-Granados

Page 923

appeals the dismissal of his ineffective assistance of counsel claim.

BACKGROUND

Original Trial and Appeal

The facts of the original crime are summarized below, but are set forth in greater detail in State v. Fernando-Granados.[2]

On May 26, 2002, the body of the victim was found in the parking lot of a restaurant in Douglas County. Authorities arrested two suspects in the subsequent investigation, including Fernando-Granados. During police questioning, Fernando-Granados confessed to the murder of the victim in the course of an armed robbery. The evidence against Fernando-Granados included the victim's personal effects, [289 Neb. 350] such as her checkbook, credit cards, and driver's license, which were found in Fernando-Granados' apartment. DNA and other physical evidence also linked Fernando-Granados' cash and footprints to the scene of the crime. In particular, ...


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