Former Sidney hotel owner convicted of multiple charges loses appeal

The Nebraska Supreme Court has upheld the conviction of a former Sidney motel owner.

The court published its decision in the case State v. Assad Friday morning. 

Jason Assad was arrested in September 2014 on several charges, including first degree false imprisonment, terroristic threats and use of a weapon to commit a felony.

According to court documents, Sidney police were called to motel where Assad and his wife resided after someone reported screaming coming from the motel. After obtaining search warrants, officers contacted Assad. 

He confronted them, yelling profanities at the officers. Police also found Assad's wife with injuries to her head and face. 

An investigation determined that Assad had possession of a knife and rifle in the motel room and he had previously been convicted of a felony. 

Assad was found guilty during his trial and sentenced to 35-60 years in prison.

Assad appealed the conviction in 2019, arguing ineffective assistance of counsel during his trial. 

The Court of Appeals upheld the original ruling, saying Assad did not make any specific argument as to why his trial counsel's actions amounted to ineffective assistance. 

Assad then filed an appeal to the Nebraska Supreme Court. He argued he was due a new direct appeal because he is entitled to a presumption of prejudice under the circumstances of the trial.

The Nebraska Supreme Court again upheld the decision. In the decision published Friday, the court held that in order for prejudice to be presumed as a result of the counsel's inadequate performance, the failure must be extreme. 

The Court cited multiple U.S. Supreme Court cases, including Florida v Nixon and Strickland and United States v. Cronic in making its decision.