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Buggs v. Frakes

Supreme Court of Nebraska

December 15, 2017

Marvin E. Buggs, appellant,
v.
Scott Frakes, director, Nebraska Department of Correctional Services, appellee.

         1. Habeas Corpus: Appeal and Error.

         On 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.

         2. Actions: Habeas Corpus: Pleadings.

         It is 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 writ.

         Appeal from the District Court for Lancaster County: Susan I. Strong, Judge. Reversed and remanded with instructions.

          Marvin E. Buggs, pro se.

          Douglas J. Peterson, Attorney General, and David A. Lopez for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          Heavican, C.J.

         INTRODUCTION

         Marvin 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 instructions.

         [298 Neb. 433] FACTUAL BACKGROUND

         Buggs 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.

         On 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 ...


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