S-22-0466 and S-22-0467 State of Nebraska (Appellee) v. Calvin J. Hamm (Appellant)
Appeal from the District Court for Buffalo County, Judge John H. Marsh
Attorneys: Bergan E. Schumacher (Bruner Frank Schumacher Husak Simpson, LLC for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee)
Criminal: Possession of Methamphetamine, Driving Under the Influence (DUI), Possession with Intent to Deliver Methamphetamine, and Ineffective Assistance of Counsel
Proceedings below: In S-22-0466, following a jury trial, Appellant was found guilty of possession of methamphetamine and DUI, which was charged as a second offense, and he was sentenced to 435 days in prison. An enhancement proceeding was not held. In S-22-0467, as part of a plea and sentencing stipulation, Appellant pled no contest to one count of possession with intent to deliver methamphetamine, and he was sentenced to not less than twenty (20) nor more than twenty-two (22) years in prison. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: In this consolidated appeal, Appellant makes the same assignment of error in both cases: Hamm’s trial counsel was ineffective for failing to advise Hamm against testifying and eliciting incriminating testimony.