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The facts of this case are set out in more detail in the direct appeal from Rudnick's conviction, State v. On August 30, the Antelope County Attorney sent a cover letter to those three agencies along with a copy of the court's August 11 order and a signed release from F. On October 17, the court entered an order following an in camera review of records from Odyssey III and of a psychological evaluation from APEX Therapy.

The identification was made by way of a match of DNA profiles within the Combined DNA Index System (CODIS) database.

L.'s counseling records with Martin; (4) the fact that Martin's records were never produced to the trial court, defense counsel, or Rudnick rose to the level of structural error; (5) trial counsel's ineffectiveness in failing to obtain prior to trial F. L.'s trial testimony through the attendance records; and (6) the district court's pretrial ruling with respect to § 27-404(2) evidence, which permitted the State to present evidence at trial of sexual activity between Rudnick and F.

When asked what he did to challenge the State's proof of F. L.] was the age he was saying he was." Lancaster further testified, "I don't recall . L.'s counseling records from Wholeness Healing Center; (2) the fact that Wholeness Healing Center records were never produced to the trial court, defense counsel, or Rudnick rose to the level of structural error; (3) trial counsel's ineffectiveness in failing to pursue pretrial discovery of, and utilize at trial, F. Rudnick claims that the district court erred in concluding that the fact that Wholeness Healing Center records and Martin's records were never produced to the trial court, defense counsel, or Rudnick prior to trial, in violation of the procedures set forth in State v. Whether a claim raised in a postconviction proceeding is procedurally barred is a question of law.

She did not remember any correspondence from the Antelope County Attorney's office about releasing F. With regard to the trial's proceeding without Lancaster's seeing Martin's records, Lancaster testified, "There was nothing that I felt was going to be gained by trying to continue trial or waiting to get those records." Lancaster described his efforts to verify F. He knew the date of birth on the birth certificate, and he knew what F. had testified was his date of birth in the deposition. L.'s Antelope County juvenile court file and at various documents supplied by the Rudnicks. testified he was a certain age and that Lancaster did everything he could to convince the jury that F. L.'s birth date, and Lancaster's conversations with Rudnick "never focused on the fact that he didn't think [F. Rudnick ever saying to me or asking me, you know, is this something we should look into, about [F. L.'s testimony about missing a lot of school, but he testified that "there were a lot of things I did impeach [F. We had done a deposition, I had witnesses to come in and testify about their opinion if he was a truthful person." On July 22, 2010, the district court entered a comprehensive order denying postconviction relief. The court found that Rudnick suffered no prejudice by counsel's failure to pursue discovery of F. He contends that appellate counsel was ineffective in failing to assign and argue as error on direct appeal (1) trial counsel's ineffectiveness in failing to pursue pretrial discovery of, and utilize at trial, F. W.2d 197 (1989), did not rise to the level of structural error.