Monday, July 31, 2006
Sunday, July 30, 2006
Collateral attacks on previous proceedings are impermissible unless the attack is grounded upon the court's lack of jurisdiction over the parties or subject matter. State v. Smith, 269 Neb. 773, 696 N.W.2d 871 (2005). Only a void judgment is subject to collateral attack. Mayfield v. Hartmann, 221 Neb. 122, 375 N.W.2d 146 (1985). Although Keen's 1998 DUI conviction may have been voidable and subject to reversal upon appeal, it was not void.
We conclude that Keen's 1998 DUI conviction was valid for the purpose of sentence enhancement and that Keen is attempting to collaterally attack that conviction. Therefore, we affirm the judgment of the district court on this issue.
Saturday, July 29, 2006
Sunday, July 23, 2006
Sunday, July 16, 2006
Complaint is made that Douglas never provided access to his tax returns. Yet, during questioning of Douglas, copies of Douglas' federal income tax returns were at hand. (Commonwealth Committee attorneys Miller and Domina) asked, "Could (we) have copies of those returns, please?" and he answered, "I think you indicated that you wanted to see it and I have no problem in showing you this." The questioner replied, "All right. That's fine." Commonwealth Committee counsel Miller testified: "neither I nor David ever had physical possession of those returns. They never left the possession of Paul Douglas. "We cannot conclude from this that Douglas withheld pertinent information on his tax returns in a procedure agreed to by his questioner. Finally, according to Douglas in his statement to the legislative committee, introduced into evidence by the State, he had by that time turned over his "entire income tax returns from '75 through '82" to the committee's special counsel."Still taking down a grain mill elevator owner is probably easier than an accomplished attorney and attorney general of the state.