Childs v. Frakes
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The Supreme Court affirmed the judgment of the district court denying Appellant's petition for writ of habeas corpus pursuant to Neb. Rev. Stat. 25-217, holding that the petition did not state a cognizable ground for relief.
Appellant pled no contest to attempted first degree sexual assault and was sentenced to a term of imprisonment. Appellant later filed a petition for a writ of habeas corpus alleging that his conviction and sentence were void. The district court dismissed the action without prejudice pursuant to section 25-217. The Supreme Court affirmed, holding (1) the district court erred when it dismissed the habeas petition pursuant to section 25-217 because section 25-217 has no application to habeas corpus proceedings; and (2) upon de novo review, it was proper to dismiss the petition for writ of habeas corpus because none of the allegations in the petition set forth facts which, if true, would entitle Appellant to habeas relief.
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