State v. ConnAnnotate this Case
The Supreme Court affirmed the judgment of the district court dismissing Defendant’s postconviction motion on the grounds that the motion was filed outside the one-year limitations period under Neb. Rev. Stat. 29-3001(4).
In 2011, Defendant pled no contest to one count of attempted assault on an officer and admitted he was a habitual criminal. In 2013, Defendant filed a motion for postconviction relief, alleging that trial counsel was ineffective for failing to file a direct appeal after Defendant asked that he do so. The district court dismissed the motion, finding that that motion was time barred. The Supreme Court affirmed, holding that the files and records affirmatively showed that Defendant’s postconvcition motion was time barred.