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State v. Shannon

Supreme Court of Nebraska

April 8, 2016

STATE OF NEBRASKA, APPELLEE,
v.
SCOTT SHANNON, APPELLANT

Appeal from the District Court for Lancaster County: JOHN A. COLBORN, Judge.

Nancy K. Peterson for appellant.

Douglas J. Peterson, Attorney General, and Nathan A. Liss for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, MILLER-LERMAN, STACY, and KELCH, JJ.

OPINION

[293 Neb. 304] Stacy, J.

Scott Shannon appeals from an order dismissing his verified motion for postconviction relief as untimely. We affirm.

FACTS

In 2010, Shannon was convicted of two counts of attempted robbery. He was sentenced to concurrent terms of 15 to 25 years in prison. On July 28, 2011, in case No. A-10-1050, the convictions and sentences were affirmed by the Nebraska Court of Appeals. The Court of Appeals issued its mandate in Shannon's direct appeal on September 20, 2011.

On October 19, 2012, Shannon filed a petition for postconviction relief along with a motion for leave to file the petition out of time. In his motion asking to file out of time, Shannon alleged he was unable to file his petition for postconviction relief within the 1-year limitation period set forth in Neb. Rev. Stat. § 29-3001 (Cum. Supp. 2014) because the prison where he was being housed was locked down for a period of time. Specifically, Shannon alleged that on August 2, 2012, the prison " was put on a modified lockdown status, at which time all access to the Institutional Law Library ceased completely." At a hearing on the motion to file out of time, Shannon informed the court he was not allowed access to the prison law library from August 2 to September 9, 2012. The district court ultimately dismissed Shannon's petition as untimely, finding the lockdown did not prevent Shannon from filing his postconviction action within the statutory 1-year period. Shannon timely filed this appeal.

ASSIGNMENT OF ERROR

Shannon assigns it was error for the district court to dismiss his petition for postconviction relief as untimely.

STANDARD OF REVIEW

If the facts in a case are undisputed, the issue as to when the statute of limitations begins to run is a question of [293 Neb. 305] law.[1] To the extent an appeal calls for statutory interpretation or presents questions of law, an appellate ...


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