OMAHA, Neb. (AP) — The Nebraska Supreme Court has ordered an evidentiary hearing for arguments made by a man seeking to have his first-degree murder conviction and life sentence thrown out.
The high court said Friday that a Douglas County District judge was wrong to dismiss Joshua Nolan’s motion for post-conviction relief without holding a hearing on some of his arguments.
Nolan was sentenced in 2010 after being found guilty of first-degree murder in the 2009 shooting death of 20-year-old Justin Gaines.
Nolan’s conviction and sentence were upheld in 2012 by the high court on his direct appeal. In his motion for post-conviction relief, which is typically sought after all other appeals have been exhausted, Nolan argued that his trial lawyer was ineffective for failing to call certain witnesses and experts.