No. 24-7257

Alejandro R. Duarte v. Nebraska

Lower Court: Nebraska
Docketed: 2025-05-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether defense counsel's failure to offer medical evidence supporting a self-defense claim constitutes ineffective assistance of counsel, and whether an appellate court can deem an issue waived based solely on a preliminary disclosure statement

Question Presented (OCR Extract)

I. In a he-said-she*said case involving allegations of physical assault with self-defense being raised as an affirmative defense, is defense counsel ineffective for failing to offer easily attainable medical evidence to support defendant ’s claim that he was physically incapable of doing what he was accused of due to a recent injury and surgery? II. Can an appellate court deem an issue on appeal waived by relying on just the issues disclosed in a preliminary disclosure statement of issues for appeal rather than reviewing the issues that were actually argued by the intermediary appellate court and argued in brief format to that same intermediary appellate court?

Docket Entries

2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-06-17
Waiver of Nebraska of right to respond submitted.
2025-06-17
Waiver of right of respondent Nebraska to respond filed.
2025-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2025)

Attorneys

Alejandro R. Duarte
Alejandro R. Duarte — Petitioner
Alejandro R. Duarte — Petitioner
Nebraska
Cody Steven BarnettNebraska Department of Justice, Respondent
Cody Steven BarnettNebraska Department of Justice, Respondent