S-22-0332 State of Nebraska (Appellee) v. Gabriel R. Muratella (Appellant)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Joe Nigro and Chelsie E. Krell (Lancaster County Public Defender’s Office for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)
Criminal: Motion to Withdraw Plea and Motion for New Trial
Proceedings below: Appellant pled no contest to Attempted Manufacturing, Delivery, or Dispensing of Methamphetamine, for which she was sentenced to eight (8) to twelve (12) years in prison. Two (2) years later, Appellant filed a Motion to Withdraw the Plea and a Motion for New Trial based upon this newly discovered evidence, and the district court overruled both motions. 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: Appellant makes the following assignments of error: 1) The district court erred in overruling the Appellant’s motion to withdraw plea; 2) The district court erred in failing to grant Appellant’s motion for new trial; and 3) Appellant was prejudiced by ineffective assistance of trial counsel because trial counsel should have filed for postconviction relief.