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STATE v. POINDEXTER

No. S-07-1075.

766 N.W.2d 391 (2009)

277 Neb. 936

STATE of Nebraska, appellee, v. Edward POINDEXTER, appellant.

Supreme Court of Nebraska.

June 19, 2009.

Attorney(s) appearing for the Case

Robert F. Bartle, of Bartle & Geier, Lincoln, Beth Little Hamilton, and John C. Vanderslice, of the Federal Public Defender's Office, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

Amy A. Miller, for amicus curiae American Civil Liberties Union Foundation of Nebraska.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

I. NATURE OF CASE

Edward Poindexter and David L. Rice were convicted of first degree murder for the death of an Omaha police officer. Poindexter's and Rice's convictions were affirmed on direct appeal.1 Two petitions for writ of habeas corpus by Poindexter have since been denied.2 Poindexter now appeals from a denial of his motion for postconviction relief. The motion alleged prosecutorial...

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