State v. Devers, 986 N.W.2d 747

Devers drove the getaway vehicle after Larry Goynes attempted to rob and then shot Kyle LeFlore outside a bar; Devers was convicted of first‑degree felony murder and use of a firearm and sentenced to life plus additional term.
Trial evidence included eyewitness and cellmate statements and recovery of a necklace belonging to LeFlore; Devers had told a cellmate he arranged the robbery and told the shooter to “shoot if he act up.”
Devers’ convictions were affirmed on direct appeal.
Devers filed a pro se postconviction motion asserting (1) appellate counsel was ineffective for failing to argue that Devers was “legally innocent” because charges against Goynes had been dismissed, and (2) appellate counsel was ineffective for failing to raise a Brady/prosecutorial‑misconduct claim that the prosecution withheld evidence of that dismissal.
The district court denied an evidentiary hearing and rejected the claims; Devers appealed the denial.
The Nebraska Supreme Court affirmed, holding that (a) aider/abettor liability under Neb. Rev. Stat. § 28‑206 means a principal’s prosecution or dismissal does not preclude convicting an aider and abettor, and (b) the alleged nondisclosure of the dismissal would not have undermined confidence in the verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether pro se filings should be liberally construed to avoid dismissal	Devers: pro se pleadings merit liberal construction and should have been read to raise layered IAC/Brady claims	State: postconviction pleadings have their own stricter requirements; pro se is held to same standard as counsel	Court: rejected liberal‑construction argument; postconviction proceedings have distinct pleading rules and pro se is held to same standard
Whether appellate counsel was ineffective for not arguing trial counsel was ineffective (layered IAC) because Goynes’ dismissal made Devers "legally innocent"	Devers: dismissal of Goynes meant no principal existed so conviction as aider/abettor was impossible; appellate counsel was ineffective for not raising this	State: under § 28‑206 aider/abettor is treated as a principal; conviction of principal not required; claim is meritless	Court: counsel not ineffective; aiding/abetting liability independent of principal’s prosecution or identity; denial affirmed
Whether appellate counsel was ineffective for not raising a Brady claim about nondisclosure of Goynes’ dismissal	Devers: prosecutor withheld dismissal document; nondisclosure was material and undermined verdict	State: either procedurally barred or not material to guilt	Court: claim adequately pleaded but nondisclosure would not have undermined confidence in verdict because aider/abettor liability remains; denial affirmed

Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor must disclose favorable/exculpatory evidence)
State v. Devers, 306 Neb. 429 (2020) (direct appeal affirming Devers’ convictions)
State v. Contreras, 268 Neb. 797 (2004) (Nebraska statute abolishes common‑law principal/aider distinction)
State v. Brunzo, 248 Neb. 176 (1995) (aider/abettor liability independent of principal’s conviction)
State v. Foster, 196 Neb. 332 (1976) (conviction of principal not necessary for aider/abettor conviction)
State v. Jackson, 258 Neb. 24 (1999) (application of § 28‑206 treating aider/abettor as principal)
State v. Jaeger, 311 Neb. 69 (2022) (standards for postconviction evidentiary hearings)
State v. Stricklin, 300 Neb. 794 (2018) (ineffective assistance of counsel standard)