12 N.W.3d 787
Neb.2024Background
- Mark A. Haas II was charged with four counts of first degree sexual assault stemming from events between January 1, 2000, and June 1, 2008.
- Haas moved to dismiss based on the statute of limitations; the court denied the motion, citing statutory changes that eliminated limitations for such offenses before the prior period expired.
- A plea agreement was reached, and Haas pled no contest to one count of first degree sexual assault covering the same time span.
- At the plea hearing, the court inquired into Haas’ competence, including his PTSD and medication use; it found him competent to plead.
- Haas was sentenced to 40 to 50 years’ imprisonment; he later appealed, arguing the plea should not have been accepted, his sentence was excessive, and his trial counsel was ineffective in several respects.
Issues
| Issue | Haas' Argument | State's Argument | Held |
|---|---|---|---|
| Acceptance of no contest plea | Not competent due to PTSD and lack of medication | Record showed no reason to question competence | Court properly found Haas competent at plea hearing |
| Ineffective assistance: motion to quash | Counsel failed to challenge information re: timeframe/statute limits | Motion to quash would not have succeeded | No deficiency; motion would not have succeeded |
| Ineffective assistance: PSR/mitigation | Counsel failed to allow review of PSR/submit mitigators timely | Record insufficient/refuted claim | No showing of prejudice; mitigation submissions made |
| Excessive sentence | Sentence excessive, lacking analysis, overly harsh | Sentence within statutory limits | No abuse of discretion in sentencing |
Key Cases Cited
- State v. Jenkins, 303 Neb. 676 (Neb. 2019) (sets standards for plea competency and abuse of discretion)
- State v. Hessler, 274 Neb. 478 (Neb. 2007) (evaluates effect of medication/lack thereof on plea competency)
- State v. Martinez, 250 Neb. 597 (Neb. 1996) (sufficiency of timeframe in charging information)
- State v. Blaha, 303 Neb. 415 (Neb. 2019) (review of PSR and sentencing court’s obligations)
- State v. Pauly, 311 Neb. 418 (Neb. 2022) (age of defendant and court jurisdiction)