State v. Weiler (Not Designated for Permanent Publication) Filed July 12, 2005. No. A-04-775. Appeal from the District Court for Lancaster County: Steven D. Burns This was yet another convict trying to allege after the fact that the defendant's counsel should have filed an appeal, even in this case where the defendant plead guilty and received a sentence well within an appropriate sentencing range. After a hearing of he said she said the trial court overruled the post conviction motion for not filing the appeal, but made no findings of fact. On plain error, the appeals court reverses for the trial court to make appropriate findings on whether the attorney's failing to appeal was ineffective counsel. Nebraska's higher courts, appeals and Supremes appear to be sending the message that ALL criminal cases should be appealed, just on the off chance they will find an interesting case to handle, even if the defendant admitted everything, waived a trial and received a standard sentence.
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