State v. Smith
Annotate this CaseAfter a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon to commit a felony. The court of appeals affirmed Defendant's convictions and sentences. Defendant subsequently filed a pro se motion for postconviction relief. The motion was filed stamped on August 28, 2012. In 2011, the legislature amended the Nebraska Postconviction Act by requiring a one-year time limit for fling a motion for postconviction relief. The one-year period runs from the appropriate triggering event or August 27, 2011, whichever is later. Here the district court concluded that Defendant had until one year from August 27, 2011 to file his motion, and therefore, Defendant's postconviction action was barred by the limitation period. The Supreme Court affirmed the district court's denial of postconviction relief without an evidentiary hearing, as the court's finding that Defendant filed his motion outside the one-year period was not clearly erroneous.
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