State v. Barrera-Garrido, 296 Neb. 647

In 2014, Arturo Barrera‑Garrido pled no contest to first‑degree false imprisonment and use of a deadly weapon to commit a felony; a separate first‑degree sexual assault charge was dismissed.
The State’s factual basis described holding the victim captive overnight, repeated threats with a knife, blows and choking, and an alleged forced/ coerced oral sex episode; a knife was later found in the patrol cruiser.
The court accepted the pleas after finding they were knowingly, voluntarily, and intelligently entered, and sentenced Barrera‑Garrido to consecutive prison terms.
In 2015 he filed a postconviction motion asserting ineffective assistance of trial counsel: (1) counsel failed to explain charges/evidence, (2) counsel failed to investigate witnesses and pursue defenses (including self‑defense), (3) counsel coerced/failed to negotiate a favorable plea, and (4) counsel inadequately advised about consequences.
The district court denied the motion without an evidentiary hearing, finding the plea colloquy and record refuted or were insufficiently detailed to support relief; Barrera‑Garrido appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel failed to adequately explain charges and evidence	Barrera‑Garrido: counsel didn’t fully explain charges/evidence, so plea was not knowing/intelligent	State: plea colloquy shows court explained charges, defendant acknowledged understanding and had no questions	Court: No hearing required; plea colloquy and record preclude prejudice from counsel’s alleged failure
Whether counsel failed to investigate witnesses and pursue defenses (self‑defense)	Barrera‑Garrido: counsel didn’t interview witnesses he identified and didn’t pursue self‑defense tied to alleged threats by victim’s family	State: motion lacks names, proffered testimony, or explanation how proposed witnesses/defense would have altered outcome	Court: No hearing required; allegations are speculative and fail to show reasonable probability of a different result
Whether counsel failed to negotiate/ coerced acceptance of plea	Barrera‑Garrido: counsel pressured him into an unadvantageous plea and failed to negotiate	State: record shows defense counsel negotiated dismissal of sexual‑assault count and court informed defendant of benefit; plea was voluntary	Court: No hearing required; record shows a negotiated benefit and defendant gave unequivocal affirmative responses at colloquy

Strickland v. Washington, 466 U.S. 668 (establishes ineffective‑assistance performance and prejudice framework)
Padilla v. Kentucky, 559 U.S. 356 (advice about collateral consequences may be constitutionally deficient; prejudice still required)
State v. Armendariz, 289 Neb. 896 (prejudice standard for plea cases — defendant must show would have insisted on trial)
State v. Ely, 295 Neb. 607 (postconviction standard; prejudice assessment)
State v. Robertson, 294 Neb. 29 (appellate review standard for postconviction motions)
State v. Harrison, 293 Neb. 1000 (no hearing required where motion is conclusory or record shows no relief)
State v. Yos‑Chiguil, 281 Neb. 618 (self‑serving declarations insufficient; need objective evidence defendant would have gone to trial)