Criminal Law - Supreme Court Review
FIRST PARAGRAPH(S)|During the 1977-1978 survey period the Nebraska Supreme Court decided several noteworthy cases involving the interpretations of various Nebraska statutes.|In order to clarify the oft quoted language from State v. Lincoln, the court reviewed the statutory requirements under Nebraska's Post Conviction Act. In State v. Svoboda the defendant's constitutional claim of an involuntary plea had not been addressed on direct appeal due to his failure to file a motion for a new trial. Subsequently, in the post conviction proceedings, the district court denied the defendant's motions for relief on the ground that the issues had been raised previously on direct appeal to the supreme court.|Notwithstanding the state's argument that the previous appeal precluded the defendant from raising the same issues in the present proceeding, the court held that post conviction relief was not precluded when the constitutional issue raised on direct appeal had been disposed of on procedural grounds. The court noted the statutory prerequisites for such relief...
12 Creighton L. Rev. 208 (1978-1979)
Creighton University School of Law