Price v. Lewien
4:23-cv-03209
D. Neb.Apr 14, 2025Background
- James S. Price was convicted in Nebraska state court of aiding and abetting robbery and first-degree assault after a violent attack left one victim in a coma; Price was sentenced to 25-40 years in prison.
- The case largely depended on the eyewitness testimony of Emmanuel Nartey, the only witness, and surveillance findings linking Price and his roommate to the crime.
- Price's first trial ended in a mistrial when the jury deadlocked; after the court refused Price's request to poll the jury and over his objections, a new trial proceeded.
- Following a guilty verdict at the second trial, Price's direct and postconviction appeals raised claims of ineffective assistance of counsel, prosecutorial misconduct, evidentiary errors, and double jeopardy violations—all of which the Nebraska courts rejected.
- Price sought federal habeas relief under 28 U.S.C. § 2254, alleging ineffective assistance of counsel, prosecutorial misconduct, and improper retrial in violation of double jeopardy.
- The district court reviewed the thoroughly-litigated state record and denied habeas relief, finding no unreasonable application of federal law or showing of prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance | McArthur failed to impeach witness, highlight inconsistencies, and object to misconduct | McArthur's performance was within reasonable bounds, no prejudice | No ineffective assistance shown |
| Prosecutorial misconduct | Prosecutors made improper statements infringing due process | These were proper inferences from evidence; procedurally defaulted | Claim procedurally barred; no relief |
| Double jeopardy | Mistrial declared improperly and jury should have been polled before retrial | Manifest necessity justified mistrial; polling not required | No double jeopardy violation |
| Certificate of appealability | Entitled to appeal denial of habeas relief | No substantial showing of constitutional denial | No certificate issued |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (sets the standard for ineffective assistance of counsel)
- Renico v. Lett, 559 U.S. 766 (trial court's discretion in declaring a mistrial)
- Harrington v. Richter, 562 U.S. 86 (AEDPA deference to state court decisions)
- Buck v. Davis, 580 U.S. 100 (standard for issuing a certificate of appealability)
- Williams v. Taylor, 529 U.S. 362 (interpretation of AEDPA's standards for federal habeas review)