State v. Hill
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The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief, holding that because Appellant did not file his motion for postconviction relief within the relevant limitation period and could have done so, the district court did not err in denying relief.
Appellant was convicted of murder in the first degree and other crimes. More than three years after Appellant's direct appeal concluded Appellant moved for postconviction relief. The district court denied the motion as untimely filed. Appellant appealed, arguing that the relevant one-year limitation period contained in Neb. Rev. Stat. 29-3001(4) for filing a postconviction motion should be either be tolled during the pendency of his motion for new trial or should be equitably tolled. The Supreme Court affirmed, holding (1) section 29-3001(4) did not provide for tolling under the circumstances; and (2) even if the doctrine of equitable tolling could apply in a postconviction proceeding, the circumstances of this case did not support its application.
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