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STATE v. TIMMENS

No. S-11-217.

805 N.W.2d 704 (2011)

282 Neb. 787

STATE of Nebraska, appellee, v. Timmy Allen TIMMENS, appellant.

Court of Appeals of Nebraska.

December 2, 2011.

Attorney(s) appearing for the Case

Jeffrey M. Wightman, of Wightman & Wightman, Lexington, for appellant.

Jon Bruning, Attorney General, and Nathan A. Liss for appellee.

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

STEPHAN, J.

In 2001, Timmy Allen Timmens was convicted of second degree murder in connection with the death of Tracy Giugler and was sentenced to serve a term of 45 years' to life imprisonment. We affirmed his conviction and sentence on direct appeal.1 Timmens was represented by different attorneys at trial and on direct appeal.

In 2008, Timmens filed a motion for postconviction relief in which he alleged that his trial counsel...

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