State v. Barrera-Garrido, 296 Neb. 647

In 2014, Arturo Barrera-Garrido pled no contest to first-degree false imprisonment and to using a deadly weapon (not a firearm) to commit a felony; a separate first-degree sexual assault count was dismissed.
The factual basis: Barrera-Garrido allegedly held his then-girlfriend (M.C.) captive overnight, threatened her with a knife, struck and choked her, and either forced or coerced oral sex; a knife was later found in the patrol cruiser.
The district court accepted the pleas, found them knowing and voluntary, and sentenced Barrera-Garrido to consecutive prison terms.
In 2015 he filed a postconviction motion alleging ineffective assistance of trial counsel: (1) counsel failed to explain charges/evidence, (2) failed to pursue witnesses/investigation and a self-defense theory, (3) refused to negotiate/pushed him into an unfavorable plea, and (4) did not advise properly about plea consequences.
The district court denied the motion without an evidentiary hearing, finding the plea colloquy and record refuted or failed to support his claims; Barrera-Garrido appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel failed to adequately explain charges/evidence	Counsel did not fully explain charges or review evidence, so plea was not knowing/intelligent	Plea colloquy and court advisements informed Barrera-Garrido; he stated he understood and had no questions	Court: No hearing required; record shows advisements and understanding, so no prejudice shown
Whether counsel failed to investigate/pursue witnesses or a self-defense theory	Counsel failed to interview witnesses and pursue self-defense based on alleged threats from victim’s family	Record and motion lacked names/details of witnesses or how investigation would have produced exculpatory evidence or made self-defense plausible	Court: No hearing; bare allegations insufficient and theory implausible given facts
Whether counsel failed to negotiate or coerced plea	Counsel either didn’t negotiate or pressured him to accept a bad plea; would have gone to trial otherwise	Record contradicts refusal-to-negotiate claim: counsel told court they reached an agreement and assault charge was to be dismissed; plea beneficial	Court: No hearing; plea record shows negotiated resolution and voluntariness; self-serving claim insufficient to show prejudice

Strickland v. Washington, 466 U.S. 668 (establishes two-prong test for ineffective assistance: deficient performance and prejudice)
Padilla v. Kentucky, 559 U.S. 356 (failure to advise on important consequences can state Strickland deficiency; prejudice still required)
State v. Robertson, 294 Neb. 29 (standard of review for postconviction appeals)
State v. Ely, 295 Neb. 607 (prejudice standard; appellate review when no evidentiary hearing granted)
State v. Armendariz, 289 Neb. 896 (prejudice inquiry for plea-based ineffective assistance claims)
State v. Harrison, 293 Neb. 1000 (no hearing required when motion alleges only conclusions or record shows no relief)
State v. Payne, 289 Neb. 467 (postconviction timing when counsel represented defendant during direct-appeal window)
State v. Yos-Chiguil, 281 Neb. 618 (self-serving assertions of willingness to go to trial insufficient to mandate a hearing)