1. Postconviction: Constitutional
Law: Proof. An evidentiary hearing on a motion for
postconviction relief must be granted when the motion
contains factual allegations which, if proved, constitute an
infringement of the movant's rights under the Nebraska or
federal Constitution. However, if the motion alleges only
conclusions of fact or law, or the records and files in the
case affirmatively show that the movant is entitled to no
relief, no evidentiary hearing is required.
Judgments: Appeal and Error. The findings of
the district court in connection with its ruling on a motion
for a writ of error coram nobis will not be disturbed unless
they are clearly erroneous.
Judgments: Evidence: Appeal and Error. The
purpose of the writ of error coram nobis is to bring before
the court rendering judgment matters of fact which, if know
at the time the judgment was rendered, would have prevented
____: ____: ____. A writ of error coram nobis reaches only
matters of fact unknown to the applicant at the time of
judgment, not discoverable through reasonable diligence, and
which are of a nature that, if known by the court, would have
prevented entry of judgment.
Judgments: Appeal and Error. A writ of error
coram nobis is not available to correct errors of law.
from the District Court for Douglas County: Horacio J.
K. Harrison, pro se.
Douglas J. Peterson, Attorney General, and George R. Love for
Neb. 1001] Heavican, C.J., Wright, Connolly, Miller-Lerman,
Cassel, Stacy, and Kelch, JJ.
K. Harrison appeals from the district court's order
overruling his second motion for postconviction relief and
denying his request for a writ of error coram nobis. We
conclude that Harrison's motion was not timely filed. We
also conclude that his request for a writ of error coram
nobis was properly denied, because he asserts only errors of
law. We therefore affirm the district court's order.
1985, Harrison was convicted of first degree murder and
sentenced to life imprisonment. On direct appeal, we affirmed
his conviction and sentence. In 1999, he filed a motion for
postconviction relief, alleging that his constitutional
rights were violated for various reasons. After an
evidentiary hearing, the district court overruled
Harrison's motion. We affirmed.
April 27, 2015, Harrison filed a second postconviction motion
"TO VACATE AND SET ASIDE CONVICTION AND SENTENCE AND/OR
WRIT OF ERROR CORAM NOBIS, '' which is the subject of
this appeal. He alleged three grounds for relief: (1)
judicial misconduct, (2) the record lacks a commitment order,
and (3) the jury instructions were erroneous pursuant to
State v. Smith and State v.
district court denied Harrison's request for a writ of
error coram nobis and overruled his motion for postconviction
relief without an evidentiary hearing. It concluded that his
motion for postconviction relief was procedurally barred as
successive and that it was barred as untimely under Neb. [293
Neb. 1002] Rev. Stat. § 29-3001(4) (Cum. Supp. ...