State v. Dalton, 307 Neb. 465

Background

Dalton was charged with seven felonies tied to three deaths and accepted a plea deal on December 10, 2018, pleading guilty to three counts of first‑degree murder and related firearm offenses; the State agreed not to seek death.
The court imposed consecutive terms (three life sentences plus lengthy terms on firearm and possession counts); no direct appeal was filed.
Dalton filed a timely postconviction motion alleging (1) trial counsel Cindy Tate was ineffective for failing to file a direct appeal after Dalton requested one and (2) counsel failed to investigate (did not depose the lone eyewitness or obtain a mental‑health evaluation), rendering his pleas unknowing and involuntary; he also raised an Eighth Amendment excessive‑sentence claim.
The district court held an evidentiary hearing only on the failure‑to‑file‑appeal claim, admitted depositions of Dalton and Tate, and found Tate credible: she had informed Dalton of appeal rights and sent a form letter; Dalton did not request an appeal. The court denied the appeal‑failure claim and denied without hearing the remaining ineffective‑assistance claims as insufficiently pleaded; it also denied the excessive‑sentence claim.
On appeal the Nebraska Supreme Court affirmed the denial of the failure‑to‑file‑appeal claim (finding no deficient performance and no presumption of prejudice), vacated the district court’s disposition of the investigatory/plea‑voluntariness claim, and remanded for further proceedings under Determan; the excessive‑sentence denial was affirmed as procedurally barred.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for failing to file a direct appeal	Dalton: he mailed a letter requesting appeal and/or otherwise asked counsel; counsel’s omission deprived him of appeal	State/Tate: Dalton did not instruct counsel to appeal; Tate informed him of appeal rights and sent a written notice; Dalton left a voicemail but did not request appeal	Court: Tate credible; no express request to file appeal; counsel not ineffective; prejudice not presumed; denial affirmed
Whether counsel was ineffective for failing to investigate, rendering pleas involuntary	Dalton: counsel failed to depose eyewitness and obtain mental‑health evaluation; would not have pled	State: district court found pleading insufficient; procedural sequencing under Determan means court must resolve appeal‑failure claim first	Court: vacated district court’s denial of this claim and remanded for further proceedings consistent with Determan
Whether Dalton’s Eighth Amendment excessive‑sentence claim may be considered in postconviction	Dalton: sentences cruel and unusual	State: claim is procedurally barred because no direct appeal was taken	Court: denial affirmed as procedurally barred

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance standard)
State v. Determan, 292 Neb. 557, 873 N.W.2d 390 (2016) (district court must resolve and enter a final order on ineffective‑for‑failure‑to‑appeal claims before addressing other postconviction ineffective‑assistance claims)
State v. Hessler, 295 Neb. 70, 886 N.W.2d 280 (2016) (prejudice is presumed when counsel ignores an express direction from the client to file an appeal)
State v. Dunkin, 283 Neb. 30, 807 N.W.2d 744 (2012) (same principle on presumed prejudice for ignored express appeal direction)
State v. Beehn, 303 Neb. 172, 927 N.W.2d 793 (2019) (postconviction relief is limited to remedial relief for constitutional violations rendering judgment void or voidable)
Lewis v. Casey, 518 U.S. 343 (1996) (defendant’s right of access to courts and communication with counsel)