To establish reversible error from a court's refusal to give a requested instruction, an appellant has the burden to show that (1) the tendered instruction is a correct statement of the law, (2) the tendered instruction is warranted by the evidence, and (3) the appellant was prejudiced by the court's refusal to give the tendered instruction. State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024). It is not error for a trial court to refuse to give a party's requested instruction where the substance of the requested instruction was covered in the instructions given.
A trial court exercises its discretion in determining whether evidence is relevant and whether its probative value is outweighed by its prejudicial effect.State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024).
It is not error for a trial court to refuse to give a party's requested instruction where the substance of the requested instruction was covered in the instructions given.State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024).
When a defendant's trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024). Whether a claim of ineffective assistance of counsel may be determined on direct appeal is a question of law.
State v. Allen, supra. See, also, State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024) (when defendant's trial counsel is different from his or her counsel on direct appeal, defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to defendant or is apparent from record; otherwise, issue will be procedurally barred in subsequent postconviction proceeding). Accordingly, Bolden's postconviction relief claims against his trial counsel are procedurally barred.
When a defendant's trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024). Whether a claim of ineffective assistance of counsel may be determined on direct appeal is a question of law.
This assignment of error does not meet the specificity required to raise a claim of ineffective assistance of counsel on direct appeal. See State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024).
In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024). All the jury instructions must be read together, and if, taken as a whole, they correctly state the law, are not misleading, and adequately cover the issues supported by the pleadings and the evidence
an appellate court will not scour the remainder of the brief in search of such specificity. See State v. German, 316 Neb. 841, 7 N.W.3d 206 (2024) (citing numerous instances of adherence to this principle). See, also, State v. Price, 306 Neb. 38, 944 N.W.2d 279 (2020) (ineffective assistance of counsel claim not considered when assigned error did not specify counsel's deficient performance, even though argument section of brief discussed claims in detail).
In State v. German, 316 Neb. 841, 872-73, 7 N.W.3d 206, 229-30 (2024), the Nebraska Supreme Court addressed the specificity of the alleged performance necessary to adequately allege the ineffectiveness of counsel on direct appeal: [The defendant's] assignment of error stated merely that counsel was ineffective "in respect to [a]dvice [p]rovided on the [d]ecision to [w]aive the [r]ight to [t]estify [b]y [p]roviding [u]nreasonable [a]dvi[c]e [n]ecessary for a [m]eaningful [d]ecision."