State v. LotterAnnotate this Case
In these appeals from identical, successive postconviction motions filed in three cases, the Supreme Court dismissed Appellant’s first appeal for lack of jurisdiction and affirmed the denials of Appellant’s other claim as time barred.
In his postconviction motions, Appellant sought relief based on Hurst v. Florida, __ U.S. __, 136 S. Ct. 616 (2016), and on a death qualification issue. The district court denied relief on each issue in separate orders filed months apart. The Supreme Court dismissed Appellant's appeal challenging the denials of the death qualification issue, holding that Appellant did not timely appeal those denials. As to the claim raised in Appellant’s second-degree appeal, the Supreme Court agreed with the district court that the claim was barred by the limitations period set forth in Neb. Rev. Stat. 29-3301 and that subsection (4)(d) did not extend the limitation period.