A-22-687, State v. James S. Price (Appellant)
Lancaster County, District Court, Judge Andrew R. Jacobsen
Attorney for Appellant: Mark E. Rappl (Naylor & Rappl Law Office)
Attorneys for Appellee: Michael T. Hilgers and Austin Relph (Attorney General’s Office)
Postconviction Action
Action Taken by Trial Court: After his first jury trial ended in a mistrial, the second jury found Price guilty of (1) aiding and abetting robbery, and (2) aiding and abetting first-degree assault. Price was sentenced to concurrent terms of 25 to 40 years’ imprisonment on each count. His convictions and sentences were affirmed on appeal. See State v. Price, 306 Neb. 38, 944 N.W.2d 279 (2020).
Price subsequently filed a verified motion for postconviction relief claiming that (1) his appellate counsel was ineffective for numerous specified reasons, and (2) he was denied due process as a result of prosecutorial misconduct.
Assignments of Error on Appeal: Price assigns that the district court erred by denying his claims of (1) ineffective assistance of counsel and (2) prosecutorial misconduct, without conducting an evidentiary hearing.