LINCOLN, Neb. - (KNEP) - A Scotts Bluff County man loses his postconviction relief appeal to both county district court and Nebraska Supreme Court.
According to court records, Cody Strodtman was charged with two counts of first degree sexual assault of a child back in 2016. During the investigation, the 12-year-old victim told police during a CapStone interview the two had sexual intercourse a couple of times. The victim also showed messages between the two discussing things.
When Strodtman was brought in for questioning, he admitted to the acts. During the trial, Strodtman made a plea deal stating he would remain silent at the sentencing if one of the two charges was dropped. The court sentenced Strodtman to 20-30 years in prison with 134 days credit. In the State of Nebraska, a first degree sexual assault of a child holds a minimum of 15 years in jail.
Over a year later, in September of 2017, Strodtman filed a motion for postconviction relief and stating he received ineffective counsel on grounds that he was under the influence of marijuana during his confession and was advised he couldn’t directly appeal because of the plea deal. On the day he was brought in for questioning, the police report indicates he was picked up from his job and was using a forklift that day.
The court asserted there was no facts as to what issue would have been raised on appeal other than what had already been considered and found to have no merit.
After a second failed appeal on the ruling that saw his postconviction relief denied, Strodtman took his case to the highest court in the state.
After hearing all the facts, the Nebraska Supreme Court has reaffirmed the Scotts Bluff County District Court in denying a motion for postconviction relief.