Lierman request for post-conviction relief denied by judge
July 7, 2022
Darryl Lierman, 55, who is serving what could be called a life sentence at the Nebraska Department of Corrections penitentiary in Tecumseh for the sexual assault and abuse of his adopted daughter, was back in the Neligh courtroom last Wednesday, June 29. The Honorable Mark Johnson, earlier in June, ordered Lierman be transported to the Antelope County Jail the previous day and returned to Tecumseh after the hearing.
Lierman sat in front of the Antelope County District Court judge with his court-appointed attorney, Mike Moyer of Madison, asking for post-conviction relief. He sought to have his judgement and sentence vacated and/or requested a new direct appeal of his case.
After making opening argument, the State of Nebraska, represented by Antelope County Attorney Joe Abler and special deputy county attorney Joe Smith of Norfolk, requested the motion for relief be dismissed.
Moyer addressed the judge and offered exhibits. The state objected and Johnson overruled receipt of the exhibits.
After summarizing the arguments of both parties and the 2018 trial, Johnson ordered Lierman’s petition be dismissed with respect to the specific counts which were argued Wednesday afternoon. He indicated the balance of the arguments had previously been addressed and determined by the Nebraska Supreme Court on the original appeal. Johnson overruled and dismissed, in its entirety, Lierman’s motion for post-conviction relief.
Lierman was sentenced by Johnson, in March 2018, to a total of 70 to 140 years in prison, 20-40 years on each of three counts of first-degree sexual assault of a child, two to four years each on two counts of third-degree sexual assault of a child and two to four years on each of three counts of child abuse, all to be served consecutively - for a minimum of 57 ½ years in prison and a maximum of 70 years, less credit for 272 days served prior to sentencing. The Antelope County District Court judgement and sentence were affirmed by the Nebraska Supreme Court on March 20, 2020.
Moyer was appointed in February 2021 to represent Lierman in his request for relief, pursuant to a January motion he had personally filed. The latest amended motion was filed March 24 this year. It alleged ineffective counsel assistance in the trial and appeal.
Lierman was represented by several court-appointed lawyers during the course of the case. Ronald Temple, Frederick Bartell, Doug Stratton and Jason Doele were trial counsel and Bradley Ewalt handled the appeal.