State v. Lotter
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The Supreme Court affirmed the judgment the district court denying postconviction relief sought by Defendant without conducting an evidentiary hearing, holding that the district court did not abuse its discretion by failing to hold an evidentiary hearing on Defendant's claims.
Defendant was convicted of three counts of first-degree murder and sentenced to death on each murder conviction. Defendant later filed what the district court referred to as his fifth postconviction motion, alleging (1) after the Legislature passed L.B. 268 abolishing the death penalty and when L.B. 268 was subsequently repeated by public referendum, his constitutional rights were violated; and (2) he was constitutionally ineligible for imposition of the death penalty under Atkins v. Virginia, 536 U.S. 304 (2002). The court summarily denied relief on both claims. The Supreme Court affirmed, holding (1) the district court properly found that Defendant's Atkins claim was both procedurally barred and time barred; and (2) Defendant's L.B. 268 claim was meritless.
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