State v. Collins, 907 N.W.2d 721

Background

Collins was charged with first-degree and third-degree sexual assault of a child; he pled no contest to a reduced first-degree sexual assault (Class II) pursuant to a plea agreement and was sentenced to 10–15 years with credit for time served.
On direct appeal he challenged his sentence and alleged multiple instances of ineffective assistance of trial counsel; the Nebraska Supreme Court affirmed the sentence and declined to reach many ineffective-assistance claims because the record was insufficient.
Collins filed a postconviction motion reasserting several of the ineffective-assistance claims that were not resolved on direct appeal and requested appointment of postconviction counsel.
The district court denied postconviction relief without an evidentiary hearing, finding most claims either insufficiently pleaded or without merit, and denied appointment of counsel.
Collins appealed to the Nebraska Supreme Court, which reviewed de novo whether his petition pleaded sufficient facts and whether the record showed he was entitled to no relief.

Issues

Issue	Plaintiff's Argument (Collins)	Defendant's Argument (State)	Held
Whether counsel was ineffective for failing to attack the information's validity (jurisdiction/dates)	The dates in the original information created a jurisdictional defect that counsel should have challenged	Amended information alleged offenses in Douglas County within proper dates; Collins failed to identify any operative jurisdictional defect	Denied — no deficient performance or prejudice; claim irrelevant to operative information
Whether counsel was ineffective for failing to seek DNA testing / investigate missing evidence kit	Testing or investigation could have suppressed inculpatory evidence or produced exculpatory evidence	Collins alleged no facts about what testing would have shown; the nature of the assaults made absence of testable evidence plausible	Denied — conclusory; counsel cannot be ineffective for not pursuing nonexistent evidence
Whether counsel was ineffective for failing to move to discharge on speedy-trial grounds	Speedy-trial clock had run before plea; counsel should have moved for discharge	Excludable periods (motion to produce and motion to continue) extended the deadline beyond the plea date	Denied — speedy-trial deadline had not run; motion would have been meritless
Whether counsel was ineffective for failing to move to sever charges	Separate trials would have avoided conviction/plea; counsel should have sought severance	The third-degree charge was dismissed in the plea; Collins had admissions to witnesses	Denied — no plausible prejudice alleged; plea was more favorable than two trials
Whether counsel was ineffective for failing to move to exclude victim and witness testimony	Some testimony was perjured/fabricated and should have been excluded	Collins did not identify which statements or legal basis for exclusion	Denied — insufficient specificity; conclusory allegations
Whether counsel was ineffective for failing to depose witnesses / share transcripts	Depositions would have revealed impeachment/exculpatory material and prevented plea	Collins alleged only that he would not have pleaded; no facts what depositions would show	Denied — conclusory, insufficiently pled
Whether plea was coerced by counsel (withholding discovery, misadvice on sentence)	Counsel pressured him, misinformed about likely penalty, and withheld discovery to force plea	Record shows the court fully advised Collins, he acknowledged understanding rights and no promises	Denied — plea entered knowingly, voluntarily, and intelligently; record refutes coercion
Whether district court erred by denying appointment of postconviction counsel	Indigent defendant entitled to counsel when petition presents justiciable issues	Petition contained no justiciable issue because claims were procedurally insufficient or meritless	Denied — no abuse of discretion because no justiciable issue was presented

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard: deficient performance and prejudice)
State v. Schwaderer, 296 Neb. 932 (applies Strickland in Nebraska context)
State v. Collins, 292 Neb. 602 (prior Collins opinion on direct appeal)
State v. Johnson, 298 Neb. 491 (standard for appellate review where no evidentiary hearing was held)
State v. Betancourt-Garcia, 295 Neb. 170 (speedy-trial calculations and exclusions)
State v. Ely, 295 Neb. 607 (appointment of postconviction counsel principles)
State v. Rice, 295 Neb. 241 (postconviction counsel appointment/discretion)
State v. Phelps, 286 Neb. 89 (postconviction counsel appointment/discretion)