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State v. Carter

Supreme Court of Nebraska

October 30, 2015

STATE OF NEBRASKA, APPELLEE,
v.
VICTOR L. CARTER, APPELLANT

Appeals from the District Court for Douglas County: GARY B. RANDALL, Judge. Appeal in No. S-14-1089 held under submission.

Steve Lefler, of Lefler, Kuehl & Burns, for appellant.

Douglas J. Peterson, Attorney General, and Kimberly A. Klein for appellee.

Victor L. Carter, Pro se.

HEAVICAN, C.J., WRIGHT, CONNOLLY, MCCORMACK, MILLER-LERMAN, CASSEL, AND STACY, JJ.

OPINION

Page 642

[292 Neb. 17] Cassel, J.

INTRODUCTION

Two appeals arose from Victor L. Carter's fifth postconviction proceeding and have been consolidated on appeal. After the district court summarily overruled Carter's postconviction motion, he filed the first appeal. And after the district court denied Carter's application to proceed in forma pauperis (IFP) on appeal, on the basis that the underlying motion was frivolous, he filed another appeal to challenge that denial. The second appeal lacks merit, and we affirm the order denying leave to proceed IFP. But because the statute[1] nevertheless permits Carter, upon payment of the statutory docket fee within 30 days, to proceed with the first appeal, we hold it under submission for that purpose.

BACKGROUND

Carter was convicted of first degree murder and use of a firearm in the commission of a felony in 1986. He was sentenced to life in prison for the murder and 10 years' imprisonment for the firearm conviction. The circumstances that led to Carter's convictions and sentences may be found in State v. Carter.[2] We affirmed his convictions on direct appeal in 1987.[3]

Carter has made numerous unsuccessful attempts to collaterally attack his convictions. Before the motion which is the subject of our first appeal, Carter filed four other motions for postconviction relief--in 1989, 2002, 2008, and 2012. The Douglas County District Court denied relief in each case, and [292 Neb. 18] in each case, we affirmed the district court's order on appeal. He has also attempted to collaterally

Page 643

attack his convictions by means of a motion for new trial and a petition for writ ...


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