LINCOLN, Nebraska — The Nebraska Supreme Court has ruled that a 34-year-old Omaha man convicted of first-degree sexual assault should get a hearing on his motion for postconviction relief.
Christopher Payne pleaded no contest in 2006 sexually assaulting a 6-year-old boy and was sentenced to 40 to 50 years in prison.
Motions for postconviction relief typically are filed once all other appeals have been exhausted, but Payne never directly appealed the conviction. That leaves his with one possible claim — that his trial attorney gave him bad legal advice by telling him to plead no contest.
Payne is also serving a 30-year sentence for sexually assaulting a 13-year-old boy in 2004 and was found guilty that year of trying to entice two Sarpy County children via the Internet.