NE: Return of property not required until after post-conviction is concluded

As long as post-conviction proceedings or a federal prosecution are possible, the state has the ability to keep the evidence without return to the defendant. The state statute says “may” not shall. State v. Buttercase, 296 Neb. 304, 2017 Neb. LEXIS 54 (April 7, 2017).

“Petitioner has not identified any grounds which counsel might have relied on in challenging the warrants or consents, nor has he pointed to any exculpatory evidence which counsel might have obtained.” Therefore, he can’t show defense counsel was ineffective. Tyson v. United States, 2017 U.S. Dist. LEXIS 52981 (S.D. Ohio April 6, 2017).*

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