OMAHA, Neb. (AP) – The Nebraska Supreme Court has ordered a new hearing for a man convicted of killing his girlfriend’s 4-year-old daughter.
Donald Lee was sentenced in 2009 to 70 years in prison after pleading no contest to second-degree murder in the 2008 death of 4-year-old Ashlynn Gamble, who was strangled and had her skull fractured.
Lee claimed in his appeal that he had been denied his right to a speedy trial, that the court had not properly advised him of his rights when he entered a no-contest plea and that he was denied effective legal representation.
On Friday, the state’s high court rejected Lee’s no-contest and ineffective counsel arguments, but said the Lincoln County District Court failed to produce documents showing Lee had asked for continuances, delaying his trial.