Huff loses claim of ineffective counsel in arguments for postconviction relief
The Nebraska Court of Appeals has ruled against some claims for postconviction relief for Herchel Huff for his role in the drunken driving death of a rural Nebraska high school volleyball coach.
Authorities said Huff was drunk and speeding when he struck and killed Kasey Jo Warner of Arapahoe in Oct. of 2007 as she was jogging with her then-3 year old daughter. Huff's claims for relief relate to his allegations that his trial counsel was ineffective for failing to investigate and call certain witnesses who may have provided testimony concerning the amount of alcohol consumed and concerning his actions and demeanor on the day of the accident. The 40 year old Huff was convicted of motor vehicle homicide in Warner's death. He was sentenced to 45 years for that conviction.
The district court for Furnas County overruled the claims of ineffective assistance of counsel without an evidentiary hearing. The Court of Appeals agreed.
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