LINCOLN, 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.