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Omaha Man Loses Appeal Over Nebraska Gang Law

gang-crackdownLINCOLN, Neb. (AP) — An Omaha man who had argued that his lawyer should have challenged as unconstitutional an anti-gang violence law has lost his appeal to the Nebraska Supreme Court.

The high court on Friday affirmed a lower court’s denial of postconviction relief for Ricky Sanders.

Sanders was convicted of firing a gun at an Omaha home in 2011 under a law passed in 2009.

In his motion, Sanders said his lawyer should have argued that the law was unconstitutional special legislation, because it pertains only to drive-by shootings in Omaha, Lincoln and 30 other cities where nearly all of the state’s African-Americans live.

But the high court said a lawyer can’t be found deficient for not raising “every conceivable” constitutional claim.

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