State v. Price, A-21-227

Price was charged with sexual assault (1st degree), robbery, and attempted escape but pled no contest to 1st-degree sexual assault (Class II) and burglary (Class IIA) under a plea agreement; sentenced to consecutive terms totaling 45–60 years with credit for time served.
Trial counsel represented Price at trial and on direct appeal; this court affirmed convictions and sentences on direct appeal.
Price filed a verified postconviction motion alleging ineffective assistance of trial counsel for (1) failing to challenge detention/bond within 72 hours, (2) failing to obtain a competency evaluation, and (3) failing to properly advise him about the plea; he also moved for discovery, appointment of postconviction counsel, and leave to amend.
The district court denied the postconviction motion without an evidentiary hearing and denied discovery, appointment of counsel, and leave to amend; the court reasoned Price’s claims were conclusory or refuted by the record (plea colloquy and sentencing record).
The court later found Price did not receive notice of the denial due to official negligence, reinstated his postconviction appeal period, and appointed counsel for the appeal; Price timely appealed the denials.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion for discovery	Price: never received or reviewed discovery; postconviction was first chance to request it	State: Price didn’t allege State withheld materials or explain how discovery would change plea; plea colloquy indicates he consulted counsel and was satisfied	Denied; no abuse of discretion—record and colloquy refute need or prejudice
Leave to amend postconviction motion	Price: requested 90 days to amend after getting discovery or appointed counsel	State: request was a conditional placeholder, not a motion to immediately add factual allegations	Denied; no abuse of discretion—conditional request properly denied (following Stricklin)
Appointment of postconviction counsel	Price: indigent and presented a justiciable issue (discovery and counsel failures)	State: claims are procedurally deficient or meritless; no justiciable issue exists	Denied; no abuse of discretion because postconviction claims lacked merit or justification for counsel
Denial of postconviction relief without evidentiary hearing (IAC claims)	Price: counsel failed to challenge unlawful detention/bond (could suppress evidence) and failed to obtain competency evaluation/raise insanity defenses	State: claims are conclusory, fail to show prejudice, and are refuted by record (plea colloquy, counsel’s sentencing statements)	Denied; no evidentiary hearing required—Price failed to allege facts showing prejudice or incompetence; claims fail

State v. Jaeger, 311 Neb. 69, 970 N.W.2d 751 (defendant must allege specific facts to justify an evidentiary hearing in postconviction relief)
State v. Taylor, 300 Neb. 629, 915 N.W.2d 568 (appointment of counsel in postconviction proceedings reviewed for abuse of discretion)
State v. Jackson, 275 Neb. 434, 747 N.W.2d 418 (limitations on postconviction discovery; discovery allowed when evidence only discoverable after trial)
State v. Stricklin, 300 Neb. 794, 916 N.W.2d 413 (conditional/placeholder motions to amend postconviction pleadings may be denied)
State v. McGhee, 280 Neb. 558, 787 N.W.2d 700 (failure to appoint counsel not error absent abuse of discretion)
State v. Britt, 310 Neb. 69, 963 N.W.2d 533 (appellate court will not consider issues not raised in verified postconviction motion)
State v. Dunkin, 283 Neb. 30, 807 N.W.2d 744 (standards for legal competency to stand trial or plead)
State v. Hessler, 282 Neb. 935, 807 N.W.2d 504 (competency standard and defendant may be competent despite mental illness symptoms)