Nebraska Supreme Court December 10, 2004, S-03-1365 (State v. Hernandez)

Connolly, J.

Victor Hernandez appeals his jury convictions for first degree murder and use of a deadly weapon to commit a felony. He contends that (1) an affidavit for a search warrant was not supported by probable cause; (2) his counsel was ineffective for failing to request a hearing under

Franks v. Delaware,

438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed.