Dugan v. State

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Dugan v. State

Case Number
S-16-0421
Call Date
May 26, 2017
Case Time
8:30 AM
Court Number
Lancaster
Case Location
Lincoln
Case Summary

A-16-0421, Michael Marvin Dugan (Appellant) v. State of Nebraska; Scott Frakes, Director, NDCS; and Richard Cruickshank, Warden, Nebraska State Penitentiary

Lancaster County, Hon. Steven D. Burns

Attorneys: Michael J. Wilson (Schaefer Shapiro, LLP) (Appellant)— Kimberly A. Klein (Attorney General’s Office)

Civil: Habeas Corpus

Proceedings Below: The district court denied Dugan’s petition for writ of habeas corpus.

Issues: Dugan asserts that the district court erred in denying his petition for a writ of habeas corpus because (1) his sentence is void since he was tried, convicted, and sentenced during the pendency of an appeal that divested the trial court of jurisdiction, and (2) the Court of Appeals failed to properly exercise its jurisdiction to hear Dugan’s appeal from the order denying his motion to reduce excessive bail, relying on the wrongly decided case of State v. Kula, 254 Neb. 962, 579 N.W.2d 541 (1998).

Schedule Code
SC