Appeals Court Rules for the State

The Nebraska Court of Appeals ruled Tuesday against a Sidney resident in a court case dating back to 2014.

The Court of Appeals ruling upheld a decision by the Cheyenne County District Court's ruling granting the State's Motion to dismiss a motion for Post-conviction Relief.

Jason Assad was arrested in 2014 regarding a reported domestic dispute. Police were called to a local hotel Assad owned regarding a report of a woman screaming in distress. Police obtained a search warrant for the living quarters at the El Palomino Motel where they found Assad and a woman with two black eyes and facial injuries.

According to court records, Assad was charged with Possession of a Weapon (knife) by a Prohibited Person; count 2 First Degree False Imprisonment; count 3 Terroristic threats; count 4 Use of a Weapon (knife) to Commit a Felony; and count 5 Possession of a Firearm by a Prohibited Person. Prosecutors also alleged Assad was a habitual offender. Prior to his trial, Assad filed several motions to suppress evidence that had been seized in the search warrants with the court denying each of them. The Cheyenne County District Court denied all of the motions.

He was sentenced in 2015. Assad was sentenced to terms of imprisonment of 10 to 20 years on count I, 15 to 20 years on count II, 15 to 20 years on count III, 10 to 20 years on count IV, and 10 to 20 years on count V. The sentences in counts II and III were to run concurrent to the sentence on count I. The sentence on count IV was to run consecutive to the sentences on counts I, II, and III, and the sentence on count V was to run consecutive to the sentences on counts I, II, III, and IV.

In 2016, the Nebraska Court of Appeals ruled against Assad when it affirmed a trial court's conviction. On March 17, 2017, Assad filed a verified motion for post conviction relief through new counsel, claiming he was entitled to relief based on six issues. Prosecution then filed a motion to dismiss. Following the hearing on the motion to dismiss, the Cheyenne County District Court entered an order finding that all of the claims presented in the motion were either procedurally barred or lacked merit, according to court documents.

Assad then filed an appeal to the court's ruling. He claimed that the district court erred in finding a specific court exhibit - a certified copy of a prior felony conviction in Colorado - was sufficient to prove a prior felony conviction, resulting in his habitual offender enhancement charge, and granting the State's motion to dismiss because he received ineffective assistance of appellate counsel. Nebraska's habitual criminal statutes provide for enhanced mandatory minimum and maximum sentences for a convicted defendant who has been twice convicted of crimes for terms not less than one year, according to the court ruling.

The Court of Appeals concluded that the District Court did not err in granting the State's motion and dismissing the verified motion for post-conviction relief.