S-25-0830 State of Nebraska (Appellee) v. Devante Castellaw (Appellant)
Appeal from the District Court for Scotts Bluff County, Judge Andrea D. Miller
Attorneys: Kenneth Jacobs (Hug and Jacobs, LLC for Appellant) and Jacob Waggoner (Nebraska Attorney General’s Office for Appellee)
Criminal: Life imprisonment for second-degree murder
Proceedings Below: Appellant entered a plea to second-degree murder, and the district court sentenced him to fifty-five (55) years to life in prison. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) Whether the district court erred in overruling trial counsel’s motion to withdraw, knowing that a grievance was pending with the Counsel for Discipline; 2) Whether Appellant’s plea was voluntary, knowing, and free from force or coercion; 3) Appellant received ineffective assistance of counsel in violation of Appellant’s 6th and 14th Amendment rights to effective assistance of counsel when trial counsel failed to file a motion to transfer his case to juvenile court; 4) Appellant received ineffective assistance of counsel in violation of Appellant’s 6th and 14th Amendment rights to effective assistance of counsel when trial counsel failed to file a motion to withdraw Appellant’s plea after he indicated he was forced and coerced into entering the plea; 5) Appellant received ineffective assistance of counsel in violation of Appellant’s 6th and 14th Amendment rights to effective assistance of counsel when trial counsel failed to investigate witnesses and other potential third-party perpetrators provided by Appellant and his family; and 6) Appellant received ineffective assistance of counsel in violation of Appellant’s 6th and 14th Amendment rights to effective assistance of counsel when trial allowed him to enter a plea while a neuropsychological evaluation was pending.