Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Friday, December 15, 2006
Inmate may not challenge in motion for post conviction relief the trial court’s failure to properly credit his time served pending sentencingState v. Barnes, 272 Neb. 749 Filed December 15, 2006. No. S-06-351. Inmate raised in his motion for post conviction relief alleging primarily ineffective counsel that resulted in his pleading guilty to murder in 1994 in the Pierce County District Court an additional claim that the trial court had failed to credit him enough time served while the inmate waited for sentencing. Supreme Court denies this as a valid ground for post conviction relief : Post conviction relief is a very narrow category of relief, available only to remedy prejudicial constitutional violations. State v. Ryan, 257 Neb. 635, 601 N.W.2d 473 (1999). An alleged sentencing error with respect to credit for time served does not fall within this narrow category of relief. Moreover, a motion for post conviction relief cannot be used to secure review of issues which were or could have been litigated on direct appeal. State v. Marshall, 269 Neb. 56, 690 N.W.2d 593 (2005); State v. Benzel, 269 Neb. 1, 689 N.W.2d 852 (2004). Because the sentencing issue could have been raised on direct appeal, it is procedurally barred in this action. The district court did not err in denying post conviction relief on this ground
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