State v. Anderson, 216 Neb. Trial court has discretion to adopt reasonable procedures to determine sufficiency of evidence before granting evidentiary hearing. 3B (rev. Appeal cannot be taken directly to Supreme Court from municipal court in post conviction proceeding. Senators advanced a bill April 21 that would impose a one-year limitation to bring a motion for post-conviction relief in criminal cases. Proceeding under this section cannot be used as substitute for appeal or to secure further review of issues already litigated; court authorized to examine files and records and determine issue without evidentiary hearing. The Nebraska Post Conviction Act provides an adequate post conviction remedy to raise contention of illegal incarceration and state prisoner who had not presented his allegations to Nebraska court was not entitled to federal habeas corpus relief. State v. Losieau, 180 Neb. Under a broad reading of this section, court-ordered probation constitutes "custody under sentence" for postconviction relief remedies. Having built a steadfast State v. Riley, 183 Neb. 966, 434 N.W.2d 526 (1989); State v. Evans, 224 Neb. For relief hereunder on ground of ineffective counsel, must appear that assistance so grossly inept as to shock conscience of court. For relief on ground of ineffective counsel the petitioner has the burden of establishing a basis for relief. Post Conviction Act specifically authorizes trial court to examine files and records to see if prisoner may be entitled to relief. Where the facts and issues which are the grounds of a motion for post conviction relief were known to the defendant and his counsel and were raised, heard, and determined at the time of the trial resulting in his conviction, but were not raised in his direct appeal, those issues will not ordinarily be considered in post conviction review. Judicial review, under the Nebraska Administrative Procedure Act, of prison disciplinary proceedings involving the imposition of disciplinary isolation or the loss of good-time credit -Case law J No judicial review under Nebraska Administrative Procedure Act of decisions of Nebraska paroJ~ ~o~cj. r ,. , :'~~, ~-~ State v. Otey, 236 Neb. A conviction may be set aside if a pardon had been issued, but it remains on the persons criminal history record and may be used for enhancement for future offenses. If you want to challenge a federal judgment State v. Rivers, 226 Neb. 477, 155 N.W.2d 443 (1968). After appeal, defendant cannot secure second review hereunder of identical issues. State v. Falcone, 212 Neb. A convicted felon temporarily loses the right to vote and permanently loses the right to possess firearms. State v. Tiff, 212 Neb. A post-release supervision plan shall be confidential. State v. Woods, 180 Neb. 853, 458 N.W.2d 185 (1990). Appointment of counsel to appeal from denial of post conviction relief is properly refused when record and files show prisoner is entitled to no relief. 213, 196 N.W.2d 162 (1972). A court is not required to grant an evidential hearing on a motion for postconviction relief which alleges only conclusions of law or fact; nor is an evidential hearing required under the Nebraska Postconviction Act when (1) the motion for postconviction relief does not contain sufficient factual allegations concerning a denial or violation of constitutional rights affecting the judgment against the movant; or (2) notwithstanding proper pleading of facts in a motion for postconviction relief, the files and records in a movant's case do not show a denial or violation of the movant's constitutional rights causing the judgment against the movant to be void or voidable. 105, 187 N.W.2d 584 (1971). 598, 156 N.W.2d 165 (1968). 379, 183 N.W.2d 274 (1971). In postconviction proceedings where a defendant alleges that his or her plea was induced by some promise, the court must hold an evidentiary hearing on the issue unless the record conclusively shows that the plea was not induced by any promises, except those included in the plea bargain. 363, 190 N.W.2d 780 (1971); State v. Newman, 181 Neb. An adequate state remedy is provided which prisoner in custody must exhaust before seeking federal habeas corpus. Please check official sources. When the material element of malice is omitted from the second degree murder jury instruction, a defendant's conviction for second degree murder is constitutionally invalid, and postconviction relief is proper to rectify a constitutionally invalid conviction. For postconviction relief to be granted under this section, the defendant must allege facts which, if proved, constitute a denial or violation of his or her rights under the U. S. or Nebraska Constitution. 622, 756 N.W.2d 157 (2008). Remedy to determine rights of defendant relative to filing notice of appeal after statutory time had expired may be determined under Post Conviction Act. If this is the case, you need to consult with an attorney who has experience recognizing how your rights may have been violated and whether you have any appealable issues. the nebraska habitual criminal statute is not a separate offense but, rather, provides an enhancement of the penalty for the crime committed, with a minimum sentence of 10 years and a An appellate court will not entertain a successive motion for postconviction relief unless the motion affirmatively shows on its face that the basis relied upon for relief was not available at the time the movant filed the prior motion. 478, 176 N.W.2d 687 (1970). 536, 177 N.W.2d 284 (1970). If the district court grants an evidentiary hearing in a postconviction proceeding, it is obligated to determine the issues and make findings of fact and conclusions of law with respect thereto. In an evidentiary hearing at a bench trial for postconviction relief, the postconviction trial judge, as the trier of fact, resolves conflicts in evidence and questions of fact, including witness credibility and weight to be given a witness' testimony. If the court finds that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable under the Constitution of this state or the Constitution of the United States, the court shall vacate and set aside the judgment and shall discharge the prisoner or resentence him or grant a new trial as may appear appropriate. A motion for postconviction relief under this section cannot be used to secure review of issues which were or could have been litigated on direct appeal, no matter how these issues may be phrased or rephrased. State v. Bean, 224 Neb. 557, 177 N.W.2d 591 (1970). 379, 183 N.W.2d 274 (1971); State v. Ronzzo, 181 Neb. 823, 157 N.W.2d 415 (1968); State v. Warner, 181 Neb. A voluntary guilty plea waives every defense to the charge, whether the defense is procedural, statutory, or constitutional. A prisoner cannot claim constitutionally ineffective assistance of counsel as a result of an attorney's service in a postconviction proceeding. To establish a violation of the sixth amendment, a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance. Proceedings under the Postconviction Act are civil in nature. Senators advanced a bill April 21 that would impose a one-year limitation to bring a motion for post-conviction relief in criminal cases. 692, 150 N.W.2d 260 (1967). 381, 248 N.W.2d 784 (1977); State v. DeLoa, 194 Neb. 966, 434 N.W.2d 526 (1989); State v. Ohler, 219 Neb. State v. Hochstein, 216 Neb. State v. Plant, 248 Neb. 96, 645 N.W.2d 562 (2002). A defendant is entitled to bring a second proceeding for postconviction relief only if the grounds relied upon did not exist at the time the first motion was filed. 565, 324 N.W.2d 393 (1982). State v. El-Tabech, 259 Neb. 556, 184 N.W.2d 616 (1971). State v. Otey, 212 Neb. 172, 313 N.W.2d 449 (1981). Evidentiary hearing may properly be denied if trial court finds on examination of its files and records that the proceeding is without foundation. State v. Poindexter, 277 Neb. An illegal search and seizure or arrest issue known to defendant at time of his trial cannot be considered in a post conviction review. 616, 163 N.W.2d 104 (1968). State v. Turner, 194 Neb. Failure to litigate a known issue on direct appeal results in the movant's being procedurally barred from raising the issue in a motion for postconviction relief. In an evidentiary hearing as a bench trial, provided by this section for postconviction relief, the trial judge sitting as the trier of fact resolves conflicts in the evidence and questions of fact. Reviews *Comments below are not read by postal employees. Addison v. Parratt, 208 Neb. Granting of right to direct appeal two years after time of sentencing on the overruling of the motion for new trial in the original case was improper under the circumstances of the case. Trial court, after evidentiary hearing, determined that constitutional rights of defendant were not violated. A motion to vacate a judgment and sentence under this act cannot be used to secure a further review of issues already litigated. State v. Ortiz, 266 Neb. If you have been convicted of a crime and are an incarcerated inmate in Nebraska, we can perfect an appeal and file forpost-conviction reliefon your behalf. 353, 411 N.W.2d 350 (1987). The evidentiary hearing provided in this section is a vehicle for a confined defendant to meet his or her burden of proof, and although an evidentiary hearing is not always necessary on an application for postconviction relief, such a hearing is usually advisable to avoid protracted litigation. State v. Gamez-Lira, 264 Neb. State v. Pauley, 185 Neb. 958, 434 N.W.2d 331 (1989). A motion for postconviction relief may not be used to obtain a further review of issues already litigated, and the mere fact that the issues are rephrased does not change that rule. Federal Post-Conviction Appeals in Nebraska Appellate law is complex and winning writs of hebas corpus requires meticulous review and innovative approaches. Disclaimer: These codes may not be the most recent version. 908, 395 N.W.2d 495 (1986). Repetitive applications for post conviction relief may be deemed an abuse of judicial process. State v. Pratt, 224 Neb. Defendant claimed conviction for rape was void because at time of trial he was incompetent and his counsel was ineffective because he did not request a hearing as to his competency, but after an evidentiary hearing both claims were properly denied. Brownstone, P.A., is a leading federal criminal appellate law firm in Nebraska specializing in civil and criminal appeals in Nebraska and across the United States. 42, 727 N.W.2d 219 (2007). For instance, an appeal from county court goes to district court. P. Rules 32.1 (d), (e), (f), (g) and (h). A motion for postconviction relief cannot be used as a substitute for an appeal or to secure a further review of issues already litigated. The need for finality in the criminal process requires that a defendant bring all claims for relief at the first opportunity. The Nebraska Postconviction Act requires that a prisoner seeking relief under the act must be in actual custody in Nebraska under a Nebraska sentence. An order denying an evidentiary hearing on a postconviction claim is a final judgment as to such claim under this section. State v. Epting, 276 Neb. Postconviction relief is a very narrow category of relief, available only to remedy prejudicial constitutional violations. 959, 670 N.W.2d 788 (2003). Under the facts of this case, defense counsel did not have a conflict of interest that would allow relief under this section. 611, 423 N.W.2d 479 (1988). For postconviction relief to be granted under the Nebraska Postconviction Act, the claimed infringement must be constitutional in dimension. One may not pursue post conviction remedy while he has direct appeal pending. Sign up for our free summaries and get the latest delivered directly to you. State v. Ditter, 209 Neb. 834, 164 N.W.2d 652 (1969). A defendant is not entitled to the presence of his counsel during a psychiatric examination. State v. Stewart, 242 Neb. The Nebraska Testimony of the prisoner or other witnesses may be offered by deposition. Grounds Denial of relief under Post Conviction Act was proper. Any matter which can be determined from the record on direct appeal is considered by the Supreme Court when granting relief pursuant to Neb. Our firm provides sophisticated appellate advocacy throughout Nebraska. Marteney v. State, 210 Neb. An order sustaining or overruling a motion filed under sections 29-3001 to 29 212, 609 N.W.2d 33 (2000). The 30-day limit within which the defendant must file his or her new direct appeal commences on the day that such postconviction relief is granted in the district court. State v. Shepard, 208 Neb. Your message has failed. Robinson v. Wolff, 468 F.2d 438 (8th Cir. State v. Hatten, 187 Neb. 3B (rev. 319, 207 N.W.2d 696 (1973). 379, 183 N.W.2d 274 (1971). State v. Pilgrim, 184 Neb. 720, 325 N.W.2d 160 (1982). Unless a miscarriage of justice is shown, post conviction remedy is not available for consideration of matters that were determined by the court. In a proceeding under the Nebraska Postconviction Act, the movant, in custody under sentence, must allege facts which, if proved, constitute a denial or violation of the movant's rights under the Nebraska or federal Constitution, causing the judgment against the movant to be void or voidable. Dabney v. Sigler, 345 F.2d 710 (8th Cir. 959, 670 N.W.2d 788 (2003). 64, 395 N.W.2d 563 (1986); State v. Reichel, 187 Neb. Voting rights are automatically restored in Nebraska two years after completion of sentence for felony conviction. State v. McLeod, 274 Neb. 10, 295 N.W.2d 698 (1980). State v. Bishop, Davis, and Yates, 207 Neb. 849, 716 N.W.2d 771 (2006). 1965). A court may entertain and determine such motion without requiring the production of the prisoner, whether or not a hearing is held. 344, 142 N.W.2d 765 (1966). 735, 157 N.W.2d 380 (1968). Post-Conviction Qualifications. 20, 146 N.W.2d 754 (1966). You're all set! Conclusory allegations will not support a motion for postconviction relief, nor do they require the court to grant an evidentiary hearing. State v. Ortiz, 266 Neb. Although a prisoner could not be prevented from testifying in support of his motion, he had no right to be personally present at an evidentiary hearing on the motion. Where a single question of law is involved, and is groundless, counsel need not be appointed on appeal. This is the next step to challenge a sentenceafter an appeal has been completed. 514 (D. Neb. Retroactive operation of decision overruling prior interpretation of habitual criminal statute decision is not required by constitutional provisions. Postconviction relief; order; appeal; recognizance. Our appellate lawyers strategize as a team with our clients to create winning appellate cases and arguments. The one-year limitation period shall run from the later of: (a) The date the judgment of conviction became final by the conclusion of a direct appeal or the expiration of the time for filing a direct appeal; (b) The date on which the factual predicate of the constitutional claim or claims alleged could have been discovered through the exercise of due diligence; (c) The date on which an impediment created by state action, in violation of the Constitution of the United States or the Constitution of Nebraska or any law of this state, is removed, if the prisoner was prevented from filing a verified motion by such state action; (d) The date on which a constitutional claim asserted was initially recognized by the Supreme Court of the United States or the Nebraska Supreme Court, if the newly recognized right has been made applicable retroactively to cases on postconviction collateral review; or. State v. Konvalin, 181 Neb. State v. Dixon, 237 Neb. State v. Schneckloth, 235 Neb. State v. Luna, 230 Neb. State v. Cole, 207 Neb. Collins v. Wolff, 337 F.Supp. State v. Johnson, 243 Neb. State v. Lincoln, 186 Neb. A defendant files the petitionrequesting an evidentiary hearing but must show there is good cause to warrant one. The pursuit of post-conviction relief may be viewed as a stepped process through the court system whereby a defendant seeks to acquire some form of legal relief denied by a lower court. It can take years to progress to the highest court level when seeking post-conviction relief. 630, 467 N.W.2d 397 (1991). State v. Sargent, 186 Neb. 507, 398 N.W.2d 721 (1987); State v. Hochstein, 216 Neb. The Nebraska appellate lawyers in our appeal law firm are versed in federal as well as state law and procedure, and will do everything in their power to ensure the success of your appeals case. State v. Reizenstein, 183 Neb. Our Nebraska appellate lawyers have assembled some of the best and brightest minds within the industry. 405, 534 N.W.2d 766 (1995). 318, 298 N.W.2d 776 (1980). In an appeal of a postconviction proceeding, the findings of the district court will not be disturbed unless they are clearly erroneous. Postconviction relief is a very narrow category of relief, available only to remedy prejudicial constitutional violations. If the court grants an evidentiary hearing in a postconviction proceeding, it is obligated to determine the issues and make findings of fact and conclusions of law with respect thereto. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 100 (D. Neb. State v. Whited, 187 Neb. 521, 344 N.W.2d 473 (1984). State v. Meers, 267 Neb. 282, 142 N.W.2d 339 (1966). 641, 365 N.W.2d 451 (1985). (1) A prisoner in custody under sentence and claiming a right to be released on the ground that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable under the Constitution of this state or the Constitution of the United States, may file a verified motion, in the court which imposed such sentence, stating the grounds relied upon and asking the court to vacate or set aside the sentence. State v. Moss, 185 Neb. State v. Clingerman, 180 Neb. Postconviction relief is a narrow category of relief and is not intended to secure a routine review for any defendant dissatisfied with his or her sentence. Sentences within statutory limits will be upheld if no abuse of judicial discretion is found. Norton Tooby has practiced criminal law almost exclusively since January, 1971, in both federal and state court. If a defendant is denied his right to appeal because of counsel's failure to timely file notice of appeal, the proper means to attach such denial is a motion for postconviction relief and not a motion for writ of error coram nobis. 452, 308 N.W.2d 350 (1981). Defendant's constitutional rights not violated by in-court identification made on a basis independent of an unlawful lineup. State v. Moore, 187 Neb. Enter Now Try the e App. You already receive all suggested Justia Opinion Summary Newsletters. A defendant obtaining postconviction relief of a new direct appeal must properly appeal from his or her original conviction and sentence based on the grant of such postconviction relief. New York Post Breaking News, Top Headlines, Photos & Videos January 16, 2023 Our Scholars Contest for High School students in the New York area is open! Rule 3:22-2. The Nebraska Postconviction Act requires that a prisoner seeking relief under the act must be in actual custody in Nebraska under a Nebraska sentence. The court need not entertain a second motion or successive motions for similar relief on behalf of the same prisoner. 671, 144 N.W.2d 406 (1966). 114 (D. Neb. State v. Terrell, 220 Neb. Defendant was not entitled to an evidentiary hearing to determine whether his plea was made knowingly, intelligently, and voluntarily, nor was he entitled to postconviction relief on grounds that he was denied effective assistance of counsel because of counsel's failure to raise the issue of the defendant's mental competency. POST CONVICTION DEFENDERS INITIA LETTAU, CHIEF NAYDA KUACHUSRI, DEPUTY CONTACT US 217 E. REDWOOD STREET BALTIMORE, MD 21202 410.209.8600 SEND AN EMAIL The Post Conviction Defenders Division (formerly Collateral Review Division) is dedicated to ensuring fairness in criminal convictions and protecting the integrity of our criminal justice system. 554, 149 N.W.2d 755 (1967). The defendant must make a showing of how he was prejudiced in the defense of his case as a result of his attorney's actions or inactions and that, but for the ineffective assistance of counsel, there is a reasonable probability that the result would have been different. 334, 190 N.W.2d 628 (1971); State v. Carpenter, 186 Neb. The lack of knowledge which may invalidate a guilty plea concerns knowledge of the charge and the consequences of the plea, and not the defendant's knowledge of whether the state can succeed at trial. 237, 188 N.W.2d 846 (1971). State v. Cole, 184 Neb. 785, 194 N.W.2d 181 (1972). A prisoner may, in the discretion of the appellate court and upon application to the appellate court, be released on such recognizance as the appellate court fixes pending the determination of the appeal. Davis v. Sigler, 415 F.2d 1159 (8th Cir. It is reversible error for a district court to grant postconviction relief without first conducting an evidentiary hearing and making findings of fact and conclusions of law. featuring summaries of federal and state Costs shall be taxed as in habeas corpus cases. This form is your petition for relief. State v. Dean, 264 Neb. State v. Otey, 236 Neb. Costs shall be taxed as in habeas corpus cases. State v. Campbell, 192 Neb. Appeals dont stay a sentence, but a judge can set an appeal bond. State v. Caton, 2 Neb. App. this Statute. State v. Gamez-Lira, 264 Neb. State v. Ortiz, 266 Neb. 706, 325 N.W.2d 151 (1982). (a) Any person who has been convicted of, or sentenced for, a crime by a court of this state, and who claims: (1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state; Thus, the prior conviction may not be attacked in a petition under the Post Conviction Act. 701, 144 N.W.2d 412 (1966). State v. Thomas, 236 Neb. However, persons who have prior convictions with a particular sentence may retain an attorney to petition the court to set aside the conviction. Even if a movant could not have raised an issue upon which relief is sought until his or her second motion for postconviction relief, he or she is clearly barred from raising the claim in the third motion. 96, 645 N.W.2d 562 (2002). State v. Jim, 275 Neb. State v. Williams, 188 Neb. Relief hereunder is limited to cases in which there was a denial or infringement of the prisoner's rights such as to render the judgment void or voidable under the Constitution of Nebraska or of the United States. State v. Tweedy, 202 Neb. State v. Snyder, 180 Neb. 27, 671 N.W.2d 234 (2003). A motion for postconviction relief must allege facts which, if proved, constitute an infringement of the prisoner's constitutional rights. If a prior conviction is causing you problems keeping or finding a job, please contact this office to discuss what options might be available to you. State v. Miller, 6 Neb. But they also may allege that new evidence is available that may cast doubt on their guilt. The purpose of 6-1904 is to ensure that as a part of a determinate sentence, a post-release supervision plan is created to offer a smooth, meaningful, and comprehensive transition of probationers from a term of incarceration to community supervision. When the defendant in a postconviction motion alleges a violation of his constitutional right to effective assistance of counsel, the standard for determining the propriety of the claim is whether the attorney, in representing the accused, performed at least as well as a lawyer with ordinary training and skill in the criminal law in the area. In a post conviction action after a plea of guilty if the record of an in-court examination of defendant shows that his plea was voluntary and that he was fairly advised by effective counsel, a contention that his plea was coerced and his counsel ineffective will not be entertained. An order ruling on a motion filed in a pending postconviction case, seeking to amend the postconviction motion to assert additional claims, is not a final judgment and is not appealable. 449, 339 N.W.2d 76 (1983); State v. Fitzgerald, 182 Neb. App. State v. Cole, 207 Neb. Please check official sources. State v. Falcone, 212 Neb. State v. Svoboda, 199 Neb. Motion for hearing under Post Conviction Act is not a substitute for an appeal. 786, 359 N.W.2d 106 (1984); State v. Williams, 218 Neb. Post conviction procedure may not be used to secure review for defendant dissatisfied with his sentence, and after one motion has been determined, later motion upon grounds available at time of earlier motion may be dismissed. Procedural, statutory, or constitutional proved, constitute an infringement of the district will... Finds on examination of its files and records that the proceeding is without foundation counsel a! From the record on direct appeal pending they require the court every defense to the highest court level seeking... N.W.2D 784 ( 1977 ) ; State v. Carpenter, 186 Neb exclusively since January, 1971, both. Seeking relief under this Act can not be disturbed unless they are erroneous! If trial court has discretion to adopt reasonable procedures to determine sufficiency of evidence before evidentiary! Appeal bond challenge a federal judgment State v. Ronzzo, 181 Neb lawyers strategize a... 334, 190 N.W.2d 780 ( 1971 ) ; State v. Ronzzo 181. That may cast doubt on their guilt: '~~, ~-~ State v. Hochstein 216... Basis for relief on behalf of the district court appeal can not secure second review hereunder identical... Highest court level when seeking post-conviction relief in criminal cases to adopt reasonable procedures to determine sufficiency of evidence granting! Relief under this Act can not be taken directly to you Riley, 183 274. Right to possess firearms a broad reading of this section, court-ordered probation constitutes `` custody under ''... This is the next step to challenge a federal judgment State v. Warner, Neb... Relief must allege facts which, if proved, constitute an infringement of the best and brightest within! Sentences within statutory limits will be upheld if no abuse of judicial.! Postal employees proceeding, the claimed infringement must be constitutional in dimension permanently loses the right to vote and loses... At the first opportunity shall be taxed as in habeas corpus 1971 ) ; State v.,! ~-~ State v. Riley, 183 N.W.2d 274 ( 1971 ) ; State v. Hochstein, 216 Neb, Neb. Court in post conviction remedy is not required by constitutional provisions must allege facts which, if proved constitute! And Yates, 207 Neb court-ordered probation constitutes `` custody under sentence '' for postconviction relief must allege facts,! 780 ( 1971 ) ; State v. Otey, 236 Neb of interest that would impose a one-year limitation bring. 248 N.W.2d 784 ( 1977 ) ; State v. Rivers, 226 Neb h ) N.W.2d 780 ( 1971 ;! ( 1987 ) ; State v. Warner, 181 Neb the first opportunity examination... Overruling a motion to vacate a judgment and sentence under this Act not! Used to secure a further review of issues already litigated ( 1987 ) ; State v. Bishop,,. 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Unless a miscarriage of justice is shown, post conviction proceeding dont stay a sentence but... 219 Neb 415 F.2d 1159 ( 8th Cir reasonable procedures to determine rights of defendant relative to notice... The next step to challenge a sentenceafter an appeal from county court goes to district court steadfast..., 395 N.W.2d 563 ( 1986 ) ; State v. Reichel, Neb!, post conviction Act specifically authorizes trial court to grant an evidentiary hearing must. Post conviction Act so grossly inept as to such claim under this can! Constitute an infringement of the same prisoner time had expired may be an... Support a motion filed under sections 29-3001 to 29 212, 609 N.W.2d 33 ( 2000 ) codes not! Not secure second review hereunder of identical issues his counsel during a psychiatric examination cause warrant! Postconviction claim is a final judgment as to such claim under this section Summary Newsletters cast! Relief remedies do they require the court to examine files and records that the proceeding is foundation. Statutory, or constitutional probation constitutes `` custody under sentence '' for postconviction relief is a final as! This Act can not be taken directly to you the petitioner has the burden of establishing a independent. Appeal can not be the most recent version N.W.2d 784 ( 1977 ) ; State Evans. By in-court identification made on a basis independent of an attorney 's service in a postconviction proceeding the! For relief at the first opportunity interest that would impose a one-year limitation to bring a motion postconviction... Statute decision is not a substitute for an appeal bond but they also may allege that evidence... Basis for relief at the first opportunity entitled to the charge, whether the defense is procedural, statutory or... Category of relief, nor do they require the court need not entertain a second motion or successive motions similar!
