State of Nebraska v. Michael J. Glover

Summary

The Supreme Court of Nebraska affirmed the denial of Michael J. Glover's motion for postconviction relief following an evidentiary hearing. Glover claimed ineffective assistance of trial counsel based on counsel's investigation of a codefendant's recantation, forensic evidence, sentencing advice, and failure to withdraw his no contest pleas. The court held that Glover failed to establish deficient performance or prejudice under Strickland v. Washington.

Holdings

1. Glover's claim that he was denied an evidentiary hearing was without merit because he received an evidentiary hearing after the Nebraska Supreme Court remanded the matter.
2. A defendant seeking postconviction relief based on ineffective assistance must show that counsel's performance was deficient and that the deficient performance prejudiced the defense under the two-pronged Strickland test.
3. When a conviction is based on a guilty or no-contest plea, prejudice is established only if the defendant shows a reasonable probability that, but for counsel's errors, the defendant would have insisted on going to trial rather than entering the plea.
4. Glover failed to establish either deficient performance or prejudice because the district court found that counsel adequately investigated the recantation and physical evidence, properly advised Glover about possible penalties, and that Glover did not show he would have withdrawn his pleas and proceeded to trial.

Questions Presented

1. Whether the district court erred by denying Glover postconviction relief after an evidentiary hearing.
2. Whether trial counsel provided ineffective assistance by inadequately investigating a codefendant's recantation and potentially favorable physical evidence.
3. Whether alleged ineffective assistance rendered Glover's no-contest pleas unknowing, involuntary, or unintelligent.
4. Whether Glover established prejudice by showing a reasonable probability that, but for counsel's alleged errors, he would have insisted on going to trial.

Disposition

affirmed