Postconviction: Proof: Appeal and Error. A
defendant requesting postconviction relief must establish the
basis for such relief, and the findings of the district court
will not be disturbed unless they are clearly erroneous.
Statutes: Appeal and Error. Statutory interpretation
presents a question of law, for which an appellate court has
an obligation to reach an independent conclusion irrespective
of the determination made by the court below.
Postconviction: Limitations of Actions: Words and Phrases:
Appeal and Error. For purposes of Neb. Rev. Stat.
§ 29-3001 (4)(a) (Reissue 2016), the "conclusion of
a direct appeal" occurs when a Nebraska appellate court
issues the mandate in the direct appeal.
Rules of the Supreme Court: Postconviction.
Postconviction proceedings are not governed by the Nebraska
Court Rules of Pleading in Civil Cases.
Actions: Pleadings. A cause of action pleaded by
amendment ordinarily relates back to the original pleading,
provided that claimant seeks recovery on the same general set
from the District Court for Buffalo County: William T.
Wright, Judge. Affirmed.
Liner, pro se.
Douglas J. Peterson, Attorney General, and Erin E. Tangeman
Pirtle, Riedmann, and Welch, Judges.
Neb.App. 304] RLEDMANN, JUDGE.
Liner appeals the order of the district court for Buffalo
County which denied him postconviction relief. Because his
amended motion for postconviction relief is time barred, we
was charged in November 2013 with various drug and weapons
offenses. In September 2014, he filed motions to discharge
the charges on speedy trial grounds. The district court
denied the motions to discharge, and Liner appealed to this
court, which appeals were docketed as cases Nos. A-14-819 and
A-14-820. On March 24, 2015, we affirmed in a memorandum
opinion, and on April 28, a mandate was issued in each case.
Thereafter, Liner entered a no contest plea to one count of
possession of a deadly weapon by a prohibited person and
stipulated to being a habitual criminal. He was sentenced to
15 to 20 years' imprisonment. Liner appealed, assigning
only that he ...