RaySean D. Barber v. Todd Wasmer, Warden
DueProcess JusticiabilityDoctri
Was Appellant denied Due Process of Law and Effective Assistance of Counsel?
QUESTIONS PRESENTED 1. Was Appellant denied Due Process of Law and Effective Assistance of Counsel where the charging document (information) did not include within the . statement of the nature of the crime the words "proximate cause of the death of Betty Warren was RaySEan D. Barber's operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06 or words meaning the same as said words as prescribed in the statute and where trial counsel did not object to said information on that basis? 2. Was Appellant denied Due Process of Law and Effective Assistance of . Counsel where the trial court, during its advisement to Appellant of the nature of the charge at the plea colloquy, omitted that the State must prove that the proximate cause of the death of Betty Warren was Appellant's operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06 and where 7 trial counsel did not object to said advisement on that basis? . 3. Was Appellant denied Due Process of Law and Effective Assistance of | .. Counsel where the factual basis did not indicate, in the trial court's ; " " subjective view of the evidence, that death was a foreseeable consequence of . the impaired ability to operate a motor vehicle in a prudent and cautious manner to some appreciable degree due to impairment from alcohol on Appellant's | behalf and where trial counsel did not object to the factual basis on that basis? i