State v. Abdulkadir, 293 Neb. 560

Background

In June 2011, while an inmate, Mohamed Abdulkadir engaged in an altercation with fellow inmate Michael Grandon; Grandon was stabbed multiple times and later died (25 stab wounds).
Abdulkadir testified that Grandon struck him first and produced a knife; Abdulkadir wrestled the knife away and stabbed Grandon but could not recall all that followed. Another inmate, Danny Robinson, corroborated portions of Abdulkadir’s account.
Corrections officers testified that Grandon fell to the floor, curled into a fetal position, and Abdulkadir continued stabbing him multiple times while standing over him; one officer heard Abdulkadir yell, "You think you can steal from me?"
Abdulkadir was convicted of second degree murder and use of a deadly weapon; this court affirmed on direct appeal.
Abdulkadir filed a postconviction motion claiming ineffective assistance of trial counsel for failing to call two witnesses (Eltio Plater and a corrections officer "Vidal") who allegedly would have corroborated his self-defense claim; the district court denied an evidentiary hearing and relief.
The district court and this court concluded Abdulkadir’s proffered testimony from Plater amounted largely to the legal conclusion of self-defense or merely duplicated trial testimony and, even if credited, would not show prejudice because self-defense failed once Grandon was incapacitated.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an evidentiary hearing on postconviction motion was required	Abdulkadir: trial counsel was ineffective for not calling Plater and Vidal; their testimony would have supported self-defense and warranted a hearing	State: motion lacks factual allegations of prejudice; alleged testimony is conclusory or cumulative	Court: No hearing required — motion failed to allege sufficient prejudice
Whether counsel’s failure to call Plater was constitutionally deficient and prejudicial	Abdulkadir: Plater would have testified that Grandon was aggressor, produced a knife, and Abdulkadir used it while defending himself	State: Plater’s alleged testimony would only repeat facts already presented and would not make self-defense viable given the post-fall facts	Court: Even assuming deficiency, Abdulkadir could not show prejudice because once Grandon fell the use of deadly force was unjustified
Whether "self-defense" assertions in a postconviction motion satisfy pleading requirements	Abdulkadir: alleging Plater would corroborate self-defense	State: conclusory legal assertion not a factual allegation	Court: Legal conclusion cannot substitute for factual allegations; such pleading is insufficient
Whether prior representation on direct appeal waived postconviction ineffective-assistance claim	Abdulkadir: raised claim in postconviction (first opportunity)	State: same counsel represented on trial and appeal but postconviction is appropriate vehicle	Court: Postconviction was the proper vehicle; claim not waived but still fails on merits

Key Cases Cited

State v. Abdulkadir, 286 Neb. 417 (affirming convictions) (background and prior appeal)
State v. Banks, 289 Neb. 600 (2014) (postconviction claims that are only legal conclusions or lack factual specificity do not merit an evidentiary hearing)
State v. Phelps, 286 Neb. 89 (representation on trial and appeal by same counsel makes postconviction the usual first opportunity to raise trial counsel ineffectiveness)
State v. Cook, 290 Neb. 381 (standard for reviewing sufficiency of postconviction pleadings)
State v. Ware, 292 Neb. 24 (records and files may show movant is entitled to no relief)
State v. Jones, 274 Neb. 271 (ineffective-assistance prejudice and performance framework)
State v. McHenry, 268 Neb. 219 (postconviction as vehicle for ineffective-assistance claims when same counsel handled appeal)
State v. Golka, 281 Neb. 360 (self-defense instruction and legal standard)
State v. Miller, 281 Neb. 343 (reasonable belief standard for deadly-force self-defense)
State v. Smith, 284 Neb. 636 (continued use of deadly force not justified once threat is dispelled)