State v. Burries

Summary

The Nebraska Supreme Court affirmed the denial, without an evidentiary hearing, of Burries' third amended postconviction motion. It held that the pathology-expert claim was procedurally barred because the alleged deficiency was apparent from the trial record and was not raised on direct appeal, while the claim concerning an omitted witness failed to show deficient performance or prejudice. The court also declined to consider an inadequately argued challenge to the sufficiency of the allegations and concluded that the remaining claims did not warrant relief.