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State v. Smith

Supreme Court of Nebraska

June 14, 2013

State of Nebraska, appellee,
v.
Samuel Q. Smith, appellant.

1. Statutes: Appeal and Error. Statutory interpretation presents a question of law, which an appellate court reviews independently of the lower court's determination.

2. Postconviction: Proof: Appeal and Error. A defendant requesting postconviction relief must establish the basis for such relief and the findings of the district court will not be disturbed unless they are clearly erroneous.

3. Actions: Time. When the period within which an act is to be done in any action or proceeding is given in terms of months or years, the last day of the period is the appropriate anniversary of the triggering act or event, unless that anniversary falls on a Saturday, Sunday, or court holiday.

4. Records: Time: Evidence: Presumptions. The entry of filing by the clerk is the best evidence of the date of filing and is presumed to be correct until the contrary is shown.

[286 Neb. 78] Appeal from the District Court for Douglas County: Duane C Dougherty, Judge.

Samuel Q. Smith, pro se.

Jon Bruning, Attorney General, and Kimberly A. Klein for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Wright, J.

I. NATURE OF CASE

Samuel Q. Smith appeals from the district court's denial of his motion for postconviction relief without an evidentiary hearing. The court determined the action was barred by Neb. Rev. Stat. § 29-3001(4) (Cum. Supp. 2012). We affirm. '

II. SCOPE OF REVIEW

Statutory interpretation presents a question of law, which we review independently of the lower court's determination. Watkins v. Watkins, 285 Neb. 693, 829 N.W.2d 643 (2013).

A defendant requesting postconviction relief must establish the basis for such relief, and the findings of the district court will not be disturbed unless they are clearly erroneous. State ...


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