Summary
The Nebraska Supreme Court reviewed Derrick U. Stricklin’s appeal from the denial of his motion for postconviction relief without an evidentiary hearing. The court held that several ineffective-assistance claims were properly denied, but that Stricklin alleged sufficient facts regarding counsel’s failure to investigate and present an alibi defense to warrant an evidentiary hearing. The judgment was affirmed in part and reversed and remanded in part.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by denying Stricklin's conditional request to amend his postconviction motion.
- Whether Stricklin's allegations were sufficient to require an evidentiary hearing on his ineffective-assistance claims.
- Whether counsel was ineffective for failing to present an alibi defense.
- Whether counsel was ineffective for failing to investigate information concerning potential suspects Marcus Jefferson and James Moore.
- Whether Stricklin met the extraordinarily high threshold for an evidentiary hearing on an actual-innocence claim.
Holdings
- A postconviction court must hold an evidentiary hearing when the motion alleges facts that, if proved, would constitute a constitutional violation, but no hearing is required when the motion alleges only conclusions or when the files and records affirmatively show that the defendant is entitled to no relief.
- To prevail on an ineffective-assistance claim, a defendant must show that counsel's performance was deficient and that the deficient performance prejudiced the defense by creating a reasonable probability of a different result.
- Stricklin was entitled to an evidentiary hearing on whether trial counsel was ineffective for failing to file notice of and present an alibi defense.
- Stricklin was entitled to an evidentiary hearing on whether counsel was ineffective for failing to investigate information implicating Marcus Jefferson and James Moore as potential suspects.
- A prisoner seeking an evidentiary hearing based on actual innocence faces an extraordinarily high threshold, and allegations that primarily attack the credibility or weight of the trial evidence do not satisfy that threshold.
Key quotations
“Thus, in a postconviction proceeding, an evidentiary hearing is not required (1) when the motion does not contain factual allegations which, if proved, constitute an infringement of the movant’s constitutional rights; (2) when the motion alleges only conclusions of fact or law; or (3) when the records and files affirmatively show the defendant is entitled to no relief.” (800)
“To prevail on a claim of ineffective assistance of counsel under Strickland v. Washington, the defendant must show that his or her counsel’s performance was deficient and that this deficient performance actually prejudiced the defendant’s defense.” (801)
“We thus affirm in part, and in part reverse and remand for an evidentiary hearing limited to these two claims.” (824)
Factual background
Stricklin was convicted of participating in the shootings of Carlos Morales and Bernardo Noriega during a drug transaction at Morales's automobile body shop. The State's primary witness, Jose Herrera-Gutierrez, identified Stricklin and codefendant Terrell E. Newman as the shooters, and cell phone records linked Newman and Stricklin to the relevant time and location. In postconviction proceedings, Stricklin alleged that counsel failed to present an alibi supported by several witnesses and cell phone records and failed to investigate information implicating Marcus Jefferson and James Moore as alternative suspects.
Procedural history
A jury convicted Stricklin of two counts of first degree murder and several related offenses, and the Nebraska Supreme Court affirmed his convictions and sentences on direct appeal. Stricklin then filed a postconviction motion alleging numerous instances of ineffective assistance of trial and appellate counsel and actual innocence. The district court denied relief without an evidentiary hearing. The Nebraska Supreme Court affirmed the denial of most claims but reversed and remanded for an evidentiary hearing on claims concerning failure to present an alibi defense and failure to investigate potential suspects Marcus Jefferson and James Moore.
Remand instructions
Remand for an evidentiary hearing limited to Stricklin's claims that trial counsel failed to file notice of and present evidence of an alibi defense and failed to investigate information regarding potential suspects Marcus Jefferson and James Moore. The denial of an evidentiary hearing on the remaining claims was affirmed.