26-0656/26-0657, State v. Chavez (Appellant)
Lancaster County, District Court Judge Susan I. Strong
Attorney for Appellant: Matthew Kosmicki (Kosmicki Law, L.L.C)
Attorney for Appellee: Michael T. Hilgers, Erin E. Tangeman (Attorney General’s Office)
Civil Action: Motion for Postconviction Relief
Action Taken by Trial Court: The district court denied Appellant’s motion for postconviction relief without an evidentiary hearing.
Assignments of Error on Appeal: Appellant contends that the district court: (1) erred in denying him an evidentiary hearing on his motion for postconviction relief despite the motion containing factual allegations which, if true, would have established a denial of his constitutional right to the effective assistance of counsel; (2) erred in interpreting the requirement that counsel file a direct appeal when “directed by the client” to require personal, direct communication from the defendant rather than recognizing that a request through an intermediary acting at the defendant’s direction, in this case the appellant’s mother, satisfied the requirement and triggered counsel’s duty to file a notice of appeal; and (3) violated Appellant’s due process rights by resolving factual disputes on the written record and dismissing his motion for postconviction relief without an evidentiary hearing.