DUNSTER, DAVID

General Information

DOB: June 25, 1954
Race: White
Gender: Male

Crime and Trial

County of conviction: Lancaster
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: May 10, 1997
Date of sentencing: January 26, 2000

Trial Counsel: Pled guilty

Legal status

Current proceedings:

Last judicial decision:

--State v. Dunster, 270 Neb. 773 (Neb. 2005)(Nebraska Supreme court denies post-conviction relief by the circuit court).

Current counsel:

James R. Mowbray
Jerry L. Soucie
Nebraska Commission on Public Advocacy
P.O. Box 98932
140 N. 8th St., Suite 270
Lincoln, NE 68509-8932
402-471-7774 / 402-471-8086

Email: advocate@ncpa.state.ne.us

Reported Opinions:

• State v. Dunster, 270 Neb. 773 (Neb. 2005)(Nebraska Supreme court denies post-conviction relief by the circuit court).
   
• Sentence and conviction affirmed on direct appeal by State v. Dunster, 631 N.W.2d 879 (Neb. 2001), cert. denied, 535 U.S. 908 (2002)

Significant legal issues:

• claim of conflict of interest as to public defender who represented Dunster before trial court, in light of attorney's potential as a witness for having overhead Dunster threaten a police investigator, and attorney's pretrial testimony about public defender office's confidentiality practices (deputy sheriff's mother was an employee of the office)
   
• voluntariness and validity of Dunster's waiver of court-appointed counsel and guilty plea, following trial court's denial of public defender's motion to withdraw, resulting in Dunster's pro se status during the guilt phase; competency and mental health issues surrounding the waiver
   

• retroactivity of Ring v. Arizona, in light of the fact that Dunster's aggravating circumstance, was found, and death sentence imposed, by a panel of judges

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