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©2004 by Sarah Schulz, Grand Island Independent
May 25, 2004 — A Grand Island woman who was convicted of trying to hire two men to kill her ex-husband is asking that her sentence be vacated due to ineffective counsel.
A motion for post-conviction relief has been filed in Hall County District Court by an attorney for Shireen Tyma.
Tyma, 41, was sentenced in September 2001 to eight to fifteen years in prison for felony conspiracy to commit first-degree murder.
A hearing on the motion is set for 9 a.m. Sept. 9.
Tyma was arrested on Christmas Day 1999 for contacting two men between April and December 1999 about killing her ex-husband, Tim Tyma.
A direct appeal was filed following the conviction and sentencing.
According to the post-conviction relief document, the Nebraska Supreme Court ruled in October 2002 that there was sufficient evidence to convict Tyma and that her sentence wasn't excessive.
The Nebraska Commission of Public Advocacy was appointed to represent Tyma for the post-conviction relief motion. According to the motion, Tyma was represented by Charles Maser, Robert Chapin Jr. and Kirk Wolgamott. Maser withdrew prior to the trial.
On direct appeal, Tyma was represented by Chapin.
In the post-conviction relief motion, Tyma claims counsel was ineffective for failing to provide reasonable advice and representation in respect to plea negotiations at the pre-trial and trial phases of her case.
The motion also contains the following information:
Tyma claims her defense attorneys failed to review pre-trial discovery materials or to seek evidence that would have impeached the credibility of the prosecution's witnesses.
She also claims her attorneys failed to provide her with reasonable advice so she could make a knowing, intelligent and voluntary waiver of the right to testify on her own behalf or to have a trial by jury. Tyma didn't testify and Hall County District Judge James Livingston presided over the trial without a jury, which was waived by the defense.
Tyma also says she was denied effective counsel during her appeal.
The lack of a reasonable and effective attorney during the pre-trial, trial and appeal are denials of Tyma's constitutional rights, according to the motion.
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