Marvin E. Buggs, appellant,
Scott Frakes, director, Nebraska Department of Correctional Services, appellee.
Habeas Corpus: Appeal and Error.
appeal of a habeas corpus petition, an appellate court
reviews the trial court's factual findings for clear
error and its conclusions of law de novo.
Actions: Habeas Corpus: Pleadings.
the duty of the court on presentation of a petition for a
writ of habeas corpus to examine it, and if it fails to state
a cause of action, the court must enter an order denying the
from the District Court for Lancaster County: Susan I.
Strong, Judge. Reversed and remanded with instructions.
E. Buggs, pro se.
Douglas J. Peterson, Attorney General, and David A. Lopez for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and
E. Buggs filed a petition for a writ of habeas corpus and a
motion seeking the postponement of fees. His motion to
postpone fees was denied, with the district court finding the
underlying petition frivolous. We reverse, and remand with
Neb. 433] FACTUAL BACKGROUND
was convicted in 2001 of second degree forgery with a
habitual criminal enhancement, and manslaughter. He was
sentenced to 10 years' imprisonment for forgery based on
the enhancement, and a consecutive sentence of 20 to 20
years' imprisonment for manslaughter. Both his mandatory
release date and his parole eligibility date have been
calculated for the same date in June 2021.
August 31, 2016, Buggs filed a motion for postponement of
fees in the district court, citing as authority Neb. Rev.
Stat. § 29-2824 (Reissue 2016). At that time, Buggs also
apparently presented the district court clerk with a petition
for a writ of habeas corpus. It not clear from our record
whether that petition ...