Judgments: Appeal and Error. When reviewing
questions of law, an appellate court resolves the questions
independently of the lower court's conclusions.
Negligence: Public Officers and Employees: Pleadings:
Appeal and Error. The appropriate filing procedure
when an appeal is lost due to official negligence is for the
party seeking relief to file a motion in the lower court,
seeking the ability to establish the basis for obtaining
Presumptions. A letter properly addressed,
stamped, and mailed raises a presumption that the letter
reached the addressee in the usual course of the mails.
Public Officers and Employees: Presumptions.
In the absence of evidence to the contrary, it may be
presumed that public officers faithfully performed their
official duties, and absent evidence showing misconduct or
disregard of the law, the regularity of official acts is
from the District Court for Douglas County: Gary B. Randall,
Judge. Reversed and remanded.
N. Parnell, pro se.
Douglas J. Peterson, Attorney General, and Stacy M. Foust for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and
Neb. 775] Heavican, C.J.
N. Pamell filed a pro se motion for postconviction relief on
July 12, 2017. The district court denied the motion without a
hearing. Parnell then filed a motion to vacate or modify the
judgment, contending that he was not informed of the denial
and was thus unable to file a timely appeal. Parnell sought a
hearing at which he could prove that he was not served with
the district court's order denying his motion. The
district court denied the motion without a hearing. Parnell
appeals. We reverse.
was convicted of first degree murder, attempted first degree
murder, two counts of use of a deadly weapon to commit a
felony, and possession of a weapon by a prohibited person.
This court affirmed Parnell's convictions and sentences
on direct appeal.
12, 2017, Parnell filed a motion seeking postconviction
relief. The district court dismissed the motion without an
evidentiary hearing on August 17. The clerk of the court
certified that a ...