State v. Goynes, 16 N.W.3d 373

Michael E. Goynes, Jr. was convicted of first-degree murder and related charges after a 2016 Omaha shooting, principally based on eyewitness testimony.
Goynes presented an alibi at trial, asserting he was at a barbecue during the time of the shooting, supported by photographs and several witnesses.
The State introduced cell phone data and evidence about Goynes' search activity after the shooting; the murder weapon was later found in another individual's possession, with no physical link to Goynes.
Goynes filed a postconviction motion alleging ineffective assistance of trial counsel on various grounds, including failure to object to cell phone data printouts, insufficient cross-examination, inadequate presentation of his alibi, and insufficient challenge to the state's investigation.
The district court denied postconviction relief without an evidentiary hearing, finding the record refuted Goynes’ claims or showed he was not prejudiced by any alleged deficiency.
On appeal, the Nebraska Supreme Court reviewed the denial de novo.

Issue	Plaintiff's Argument (Goynes)	Defendant's Argument (State)	Held
Failure to object to cell phone printouts	Counsel's failure prevented appellate/federal review of important evidence	Printouts were cumulative; direct appeal closed issue	No ineffective assistance; law of the case applies
Cross-examination of eyewitnesses (Hawthorne/Taylor)	Counsel did not sufficiently impeach their credibility	Trial counsel cross-examined extensively	No deficiency; record shows strategic cross-exam
Failure to emphasize evidence re: murder weapon	Counsel did not adequately highlight lack of link to Goynes	Counsel highlighted gun found with another, no link	Counsel was not deficient or prejudicial
Failure to call alibi witness (Richard)	Counsel's omission weakened alibi defense	Multiple alibi witnesses and photos presented	No prejudice; additional witness not material
Failure to challenge investigation into dreadlock suspect	Counsel should have better exposed alternative suspect	Counsel questioned witnesses, highlighted evidence	Record shows counsel exposed alternative theory

Strickland v. Washington, 466 U.S. 668 (1984) (establishes the standard for ineffective assistance of counsel)
State v. Goynes, 303 Neb. 129 (2019) (affirmed cell phone data warrant; admissibility of cell phone evidence)
State v. Jaeger, 311 Neb. 69 (2022) (standard for postconviction relief under Nebraska law)
State v. Galindo, 315 Neb. 1 (2023) (defines ineffective assistance as violation of fair trial right)
State v. Rush, 317 Neb. 622 (2024) (presumption of reasonableness for counsel's acts)