State v. Branch
286 Neb. 83
| Neb. | 2013Background
- Branch was charged in March 2008 with robbery, first-degree false imprisonment, and kidnapping; convicted of robbery and kidnapping, false imprisonment dismissed, and sentenced 40–50 years for robbery and life for kidnapping; this court affirmed.
- In April 2011 Branch filed a pro se postconviction motion, later amended, alleging ineffective assistance of trial and appellate counsel.
- Allegations included that trial counsel knew of Branch’s alibi claim and failed to call witnesses (e.g., Laquesha Martin), used no investigator, and did not pursue independent testing of latent fingerprints or blood evidence.
- Branch asserted prejudice due to lack of defense witnesses and testing, and that counsel failed to consult on defense strategy.
- The district court denied postconviction relief without an evidentiary hearing; Branch appealed and the court held an evidentiary hearing was needed on the alibi allegation but otherwise affirmed or remanded for further proceedings.
- The court ultimately reversed the district court on the alibi issue and remanded for proceedings, while affirming denial on other claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alibi evidence warrants an evidentiary hearing | Branch asserts trial counsel failed to call alibi witnesses | State argues allegations are too vague to require an evidentiary hearing | Evidentiary hearing required for alibi allegation |
| Whether other ineffectiveness claims warrant relief | Branch asserts counsel failed to investigate and consult on critical issues | State contends these allegations are conclusory and insufficient | Denied for remaining claims; no evidentiary hearing on those claims |
| Standard for postconviction evidentiary hearings in Nebraska | Branch seeks relief under postconviction act | State relies on statutory standards restricting hearings to proven violations | Review de novo with potential hearing when factual allegations could render judgment void or voidable |
Key Cases Cited
- State v. Edwards, 284 Neb. 382 (2012) (alibi evidence and factual pleading requirements for postconviction hearings)
- State v. Poe, 284 Neb. 750 (2012) (clarifies sufficiency of postconviction factual allegations)
- State v. Branch, 277 Neb. 738 (2009) (precedent on postconviction claims and evidentiary hearings)
- State v. Hess, 261 Neb. 368 (2001) (filing date presumed correct; best evidence rule)