State v. Fester, 840 N.W.2d 543

Gregory D. Fester pled guilty (pursuant to a plea agreement) to two counts of second‑degree murder and one count of use of a weapon to commit a felony; district court sentenced him to two life terms plus 10–20 years consecutively.
Fester appealed his sentences on direct appeal; this Court affirmed. He then filed a postconviction motion claiming ineffective assistance of trial counsel as the basis to withdraw his guilty pleas.
The district court granted an evidentiary hearing on two of Fester’s ineffective‑assistance claims, received testimony and documentary evidence (plea agreement, plea colloquy transcript, counsel and defendant depositions), and denied relief; Fester appealed.
Fester’s principal contentions: counsel failed to review discovery with him/failed to investigate, counsel promised a 21–35 year sentence (inducing the plea), and counsel was unprepared for trial (coercing the plea).
The district court found counsel had spent substantial time preparing (~285 hours), had met with Fester multiple times, the plea agreement and plea colloquy informed Fester of the possible penalties, and Fester stated on the record he was satisfied with counsel; the court concluded counsel was not ineffective.

Issue	Plaintiff's Argument (Fester)	Defendant's Argument (State / Counsel)	Held
Whether plea was result of ineffective assistance generally	Plea was induced by counsel’s deficient performance; postconviction relief warranted	Counsel’s work was reasonable; plea colloquy & written plea show voluntariness	Denied — no ineffective assistance shown
Investigation / review of discovery	Counsel did not directly review discovery with Fester and failed to investigate, forcing the plea	Counsel met with Fester ~10 times, kept him informed, and spent ~285 hours preparing	Denied — performance not deficient
Alleged promise of 21–35 year sentence	Counsel told Fester he would get 21–35 years and thus he pled based on that assurance	Plea agreement and colloquy informed Fester penalties (20 yrs–life); counsel denied making such promise	Denied — no deficient performance; plea informed and voluntary
Trial preparation (depositions, subpoenas, witness prep)	Counsel had not taken depositions or subpoenaed witnesses by Jan; lack of preparation coerced plea	Record shows counsel was prepared to try the case and had engaged in substantial pretrial work; defendant acknowledged counsel readiness	Denied — strategy reasonable given strong evidence; no prejudice shown

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part test for ineffective assistance: deficient performance and prejudice)
State v. Edwards, 284 Neb. 382 (Neb. 2012) (standard of review and ineffective‑assistance principles in Nebraska)
State v. Dunster, 278 Neb. 268 (Neb. 2008) (guilty plea does not waive claim that plea resulted from ineffective assistance)
State v. Fester, 274 Neb. 786 (Neb. 2008) (Fester’s direct appeal affirming sentences)