State v. Williams

Summary

The Nebraska Supreme Court reversed the district court's partial grant of postconviction relief and remanded with directions to overrule Williams' second postconviction motion. The district court erred by granting relief without first holding the required evidentiary hearing, but the Supreme Court concluded that no hearing was warranted because Williams either failed to allege sufficient constitutional facts or the record conclusively defeated his claims. The court held that Williams could raise ineffective-assistance claims against direct-appeal counsel in his second postconviction motion because the same appointed counsel represented him on direct appeal and in the first postconviction proceeding.