State v. GoynesAnnotate this Case
After a jury trial, Appellant was found guilty of murder in the second degree and use of a deadly weapon to commit a felony. The Supreme Court affirmed Appellant’s convictions and sentences. Appellant’s first petition for postconviction relief was unsuccessful. Appellant then filed a second motion for postconviction relief, claiming that his constitutional right to be free from cruel and unusual punishment was violated when he received a sentence of the functional equivalent of life for an offense he committed when he was a juvenile. The district court denied the motion without holding an evidentiary hearing, determining that Appellant’s motion was barred by the limitation period found in the Nebraska Postconviction Act. The Supreme Court affirmed, albeit for different reasons, holding that Appellant’s second motion for posconviction relief was barred as untimely under 29-3001(4)(d).