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 first-degree sexual assault charge was dismissed as part of the disposition.
At the plea hearing the State recited a factual basis: Barrera-Garrido allegedly held his then-girlfriend captive overnight, threatened her with a knife, and at times forced or coerced sexual activity; police found a knife in the squad car where he had been seated.
The district court accepted the pleas, found them knowing and voluntary, and sentenced Barrera-Garrido to consecutive prison terms.
In 2015 Barrera-Garrido filed a postconviction motion alleging ineffective assistance of trial counsel: (1) counsel failed to explain charges/evidence, (2) failed to pursue witnesses or a self-defense theory, (3) refused to fight the case and coerced a plea, and (4) failed to advise re: consequences.
The district court denied the motion without an evidentiary hearing, concluding the plea colloquy and the record refuted or failed to support his claims with sufficient factual detail.
Barrera-Garrido appealed; the Nebraska Supreme Court reviewed de novo and affirmed the denial, holding the record and plea colloquy defeated his claims and his allegations were conclusory or unsupported.

Issue	Barrera-Garrido's Argument	State's/Respondent's Argument	Held
Whether counsel failed to adequately explain charges/evidence	Counsel didn’t explain charges or evidence, so plea was not knowing	Plea colloquy and court advisements show defendant understood charges and had no questions	Court: No hearing required; plea record rebuts claim
Whether counsel failed to investigate/pursue witnesses or defenses	Counsel didn’t interview witnesses or pursue self-defense based on alleged threats	Defendant gave no names or specifics showing how investigation would help or how self-defense would apply	Court: Conclusory; no hearing warranted
Whether counsel failed to negotiate or coerced plea	Counsel pressured him into a non-advantageous plea or failed to negotiate	Record shows a negotiated disposition (dismissal of sexual assault count) and court asked if he understood benefit	Court: Record refutes coercion/failure to negotiate; no hearing
Whether an evidentiary hearing was required on ineffective-assistance claims	Hearing necessary to resolve credibility and factual gaps	Plea colloquy and case file either refute claims or show they are conclusory; objectively insufficient evidence of prejudice	Court: No hearing required; denial affirmed

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard requires deficient performance and prejudice)
Padilla v. Kentucky, 559 U.S. 356 (failure to advise can satisfy Strickland’s first prong; prejudice still required)
State v. Armendariz, 289 Neb. 896 (prejudice in plea context requires reasonable probability defendant would have gone to trial)
State v. Ely, 295 Neb. 607 (review where postconviction denied without evidentiary hearing)
State v. Harrison, 293 Neb. 1000 (no hearing required where motion alleges only conclusions or record shows no relief)
State v. Robertson, 294 Neb. 29 (standard of de novo review for postconviction determinations)
State v. Payne, 289 Neb. 467 (timing and opportunity to raise ineffective-assistance claims)
State v. Yos-Chiguil, 281 Neb. 618 (self-serving assertions insufficient to require hearing)