State v. Miller, 315 Neb. 951

Jordon J. Miller was initially charged with conspiracy related to a shooting that resulted in the victim's death in Omaha, Nebraska.
The State later amended the charges to include first degree murder, weapons violations, and other related offenses after additional evidence, including video and witness statements, was gathered.
Miller eventually entered a no contest plea to second degree murder as part of a plea agreement whereby various other serious charges were dismissed.
Prior to sentencing, Miller sought to withdraw his plea, citing ineffective assistance of counsel, inability to review discovery due to COVID-19 corrections protocols, and prosecutorial misconduct.
The district court refused to allow Miller to withdraw his plea, held the plea was entered knowingly and voluntarily, and imposed a sentence of 65 years to life in prison.
Miller appealed, raising issues regarding withdrawal of his plea, denial of speedy trial rights, excessiveness of sentence, and ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion to Withdraw Plea	Miller argued he did not have a fair chance to review discovery and was rushed into pleading.	State asserted Miller entered the plea knowingly, voluntarily, and with benefit of counsel.	Denied; Miller failed to show fair and just reason beyond mere change of mind.
Ineffective Assistance of Counsel (re plea and discovery)	Counsel failed to obtain continuance, share all discovery, or advise adequately before plea.	Claimed these were matters of trial strategy or affected by external COVID-19 restrictions.	Not reviewable on direct appeal; record insufficient regarding counsel's performance.
Speedy Trial Violation	Claimed counsel failed to calculate speedy trial time and file a timely motion for discharge, violating statute.	State argued continances were at Miller's request, waiving speedy trial; new charges reset clock.	Found new charges properly reset speedy clock; record insufficient for conspiracy only.
Excessive Sentence	Miller argued mitigating factors warranted a lesser sentence than 65 years to life.	State argued sentence was within statutory range and supported by Miller’s criminal history.	Sentence upheld; court did not abuse discretion within statutory limits.

State v. Warner, 312 Neb. 116 (2022) (articulates the standard for withdrawal of plea and appellate review of same)
State v. Dap, 315 Neb. 466 (2023) (addresses requirements for raising ineffective assistance of counsel on direct appeal)
State v. Hettle, 288 Neb. 288 (2014) (sets forth rule for speedy trial clock when new, related charges are added)
State v. Mortensen, 287 Neb. 158 (2014) (defendant's requested continuance beyond statutory period waives speedy trial rights)
State v. Boslau, 258 Neb. 39 (1999) (speedy trial clock for new offenses starts at date of finding of probable cause)