State v. Edwards, 294 Neb. 1

In 2007 a jury convicted Christopher A. Edwards of second-degree murder and felony use of a deadly weapon in the disappearance of Jessica O’Grady; O’Grady’s DNA was found on multiple items in Edwards’ bedroom, in his car, and on a sword.
David Kofoed, a CSI supervisor who testified for the State at Edwards’ trial, was later found to have fabricated and/or planted evidence in other investigations (Stocks murders and Brendan Gonzalez matter) and was criminally convicted for related misconduct.
Edwards pursued postconviction relief alleging (a) the State knowingly used fabricated evidence (rooted in Kofoed’s conduct) and (b) his trial counsel, Steven Lefler, labored under an actual conflict of interest due to a relationship with Kofoed.
On prior appeals the Nebraska Supreme Court (Edwards II) remanded for an evidentiary hearing on only two claims: the fabricated-evidence/due-process claim and the actual-conflict-of-interest claim; other claims were rejected.
On remand the district court denied Edwards leave to amend his postconviction motion, held an evidentiary hearing, and concluded (1) there was little/no evidence Kofoed fabricated items in Edwards’ case, (2) the State did not knowingly use false evidence, and (3) Lefler did not have an actual conflict of interest. Edwards appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court abused discretion by denying leave to amend postconviction motion	Edwards: denial prevented him from raising additional postconviction claims on remand	State: amendment unnecessary and procedurally improper given remand scope; Edwards could file a later motion	Court: no abuse—Edwards could have filed a separate postconviction motion later; no substantial right denied
Whether trial counsel had an actual conflict of interest	Edwards: Lefler’s relationship/friendship with Kofoed and subsequent representation of Kofoed created divided loyalties	State: relationship was professional; no evidence Lefler acted for Kofoed’s interest against Edwards	Court: no actual conflict proved—no showing Lefler acted adverse to Edwards; claim failed
Whether the State knowingly used fabricated evidence in violation of due process	Edwards: Kofoed’s documented fabrications in other cases and alleged opportunity to access items show fabrication of blood evidence in this case	State: no direct evidence of fabrication here; evidence and opportunity differ from Kofoed’s prior modus operandi; prosecution not shown to know of any falsification	Court: district court’s factual findings not clearly erroneous—Kofoed did not fabricate evidence here and State did not knowingly use false evidence; claim failed

State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (Neb. 2009) (Edwards I — direct appeal affirming convictions)
State v. Edwards, 284 Neb. 382, 821 N.W.2d 680 (Neb. 2012) (Edwards II — remand for evidentiary hearing on fabricated-evidence and actual-conflict claims)
State v. Kofoed, 283 Neb. 767, 817 N.W.2d 225 (Neb. 2012) (finding Kofoed fabricated evidence in other investigations)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective-assistance-of-counsel test: performance and prejudice)
State v. Fester, 274 Neb. 786, 743 N.W.2d 380 (Neb. 2008) (related holdings concerning evidentiary handling and Kofoed’s conduct)