State v. Hessler, 850 N.W.2d 777

Hessler was convicted of first degree murder, kidnapping, first degree sexual assault on a child, and use of a firearm to commit a felony; sentenced to death.
Direct appeal affirmed; Hessler later filed a first postconviction action alleging ineffective assistance and trial errors.
District court held an evidentiary hearing only on whether trial counsel was ineffective regarding competency; denied postconviction relief.
Hessler filed a second postconviction motion with 17 claims including mental competency and trial counsel issues; district court denied request for evidentiary hearing.
Court held claims were procedurally barred because they were litigated previously or could have been raised on direct appeal or in the first postconviction action.
Hessler also sought coram nobis relief; court concluded writ not available to correct errors of law or in the circumstances presented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether second postconviction claims are procedurally barred	Hessler argues new grounds justify relief despite bar.	State argues claims were litigated or known and could have been raised earlier.	Procedural bars upheld; second motion denied.
Whether Martinez v. Ryan permits a evidentiary hearing in Nebraska	Martinez creates a federal safety valve to excuse defaults for ineffectiveness claims.	Nebraska legislature chose single proceeding; Martinez not applicable to state postconviction.	Martinez does not apply; Nebraska law enforced; no new hearing required.
Whether coram nobis relief was available	Writ could review factual issues not raised previously.	Coram nobis not available to correct errors of law or issues already litigated.	Coram nobis relief denied.

State v. Hessler, 288 Neb. 670 (Neb. 2014) (primary postconviction appeal; procedural bars applied)
Martinez v. Ryan, 132 S. Ct. 1309 (2012) (claims of ineffective assistance not raised due to counsel default reviewed; not adopted for state postconviction relief)
State v. Ortiz, 266 Neb. 959 (Neb. 2003) (exception to procedural bar for certain new grounds in postconviction)
State v. Ryan, 257 Neb. 635 (Neb. 1999) (procedural framework for postconviction relief and finality)
State v. Suggs, 259 Neb. 733 (Neb. 2000) (prior postconviction standards cited)