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State v. Liner

Court of Appeals of Nebraska

September 11, 2018

State of Nebraska, appellee,
v.
Dan M. Liner, appellant.

         1. 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.

         2. 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.

         3. 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.

         4. Rules of the Supreme Court: Postconviction. Postconviction proceedings are not governed by the Nebraska Court Rules of Pleading in Civil Cases.

         5. 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 of facts.

          Appeal from the District Court for Buffalo County: William T. Wright, Judge. Affirmed.

          Dan M. Liner, pro se.

          Douglas J. Peterson, Attorney General, and Erin E. Tangeman for appellee.

          Pirtle, Riedmann, and Welch, Judges.

         [26 Neb.App. 304] RLEDMANN, JUDGE.

         INTRODUCTION

         Dan M. 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 affirm.

         BACKGROUND

         Liner 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 ...


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