Sanders v. FrakesAnnotate this Case
At issue in this case was whether a facial challenge to the constitutionality of a statute underlying a judgment is permitted in a habeas corpus proceeding after the judgment becomes final. In 2011, Petitioner was convicted of unlawful discharge of a firearm under Neb. Rev. Stat. 28-1212.04 and use of a firearm to commit a felony. Petitioner was sentenced to ten to fifteen years’ imprisonment on each conviction, to run consecutively. The court of appeals affirmed. Petitioner later filed a habeas petition in district court making a facial challenge to the constitutionality of section 28-1212.04. The district court dismissed Defendant’s petition. The Supreme Court affirmed, holding (1) when used to challenge a final conviction and sentence, habeas corpus is a collateral attack; (2) therefore, habeas corpus is not a proper remedy to challenge a petitioner’s detention pursuant to a final conviction and sentence on the basis that the statute underlying the conviction is unconstitutional; and (3) therefore, a final conviction and sentence entered upon an allegedly facially unconstitutional statute is not absolutely void, but is voidable only, and may not be attacked in a habeas corpus proceeding.