Appeal denied for Timothy Britt, Omaha man serving 3 life sentences

Prison cell
Posted at 2:06 PM, Sep 03, 2021
and last updated 2021-09-03 15:06:51-04

LINCOLN, Neb. (AP) — The Nebraska Supreme Court has denied a postconviction appeal by a man serving three life sentences for the 2012 shooting deaths of three Omaha men in a botched drug robbery.

The state's high court on Friday said Timothy Britt failed to show in his appeal that he was entitled to an evidentiary hearing on his claims that his trial lawyer was ineffective for failing to call witnesses who could have helped exonerate him. The high court said one of those witnesses would have been barred from testifying, and the other's testimony likely would not have changed the trial's outcome.

Britt and an accomplice were convicted of killing 44-year-old Miguel Avalos Sr. and Avalos' sons, 18-year-old Miguel Avalos Jr., and 16-year-old Jose Avalos, in their home in July 2012.