Sanders v. Cruickshank et al

Filing 18

MEMORANDUM AND ORDER that: Claim One is amended to read: Petitioner was denied effective assistance of counsel because (1) trial and appellate counsel (same counsel) failed to motion to quash the Information on the grounds that Neb. Rev. Stat.
67; 28-1212.04 is facially unconstitutional under Neb. Const. art. III, § 18 and under equal protection, and (2) trial and appellate counsel (same counsel) failed to file a motion to suppress the illegal search and seizure of Petitioner and his passenger, as well as the illegal search of Petitioner's vehicle. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICKY J. SANDERS,
Petitioner,

4:17CV3020

vs.
RICHARD CRUICKSHANK, Warden
Nebraska Penitentiary; and SCOTT R.
FRAKES, Director Nebraska
Department of Correctional Services;

MEMORANDUM
AND ORDER

Respondents.
On the court’s own motion, Claim One in the court’s April 4, 2017 (Filing
No. 4), is amended to include Neb. Const. art. III, § 18 (prohibition on special
legislation)1 in order to accurately reflect Petitioner’s Ground One as stated in his
habeas petition (See Filing No. 1 at CM/ECF p. 8). Accordingly,
IT IS THEREFORE ORDERED that: Claim One is amended to read:
Petitioner was denied effective assistance of counsel because (1) trial
and appellate counsel (same counsel) failed to motion to quash the
Information on the grounds that Neb. Rev. Stat. § 28-1212.04 is
facially unconstitutional under Neb. Const. art. III, § 18 and under
equal protection, and (2) trial and appellate counsel (same counsel)
failed to file a motion to suppress the illegal search and seizure of
Petitioner and his passenger, as well as the illegal search of
Petitioner’s vehicle.

1

art. III.

The court infers that it was a typo when Petitioner cited art. I rather than

Dated this 7th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2