Sanders v. Frakes

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Sanders v. Frakes

Case Number
S-15-0898
Call Date
November 2, 2016
Court Number
Lancaster
Case Summary

A-15-0898 Ricky Sanders (Appellant) v. Scott Frakes

Lancaster County District Court, Judge Stephanie Stacy

Attorneys: Gerald Soucie (Appellant) --- George R. Love (Attorney General's Office)

Civil: Habeas Corpus

Proceedings below: The district court granted Frakes' motion to dismiss. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: 1. The district court erred, as a matter of law, in holding that Neb. Rev. Stat. ' 29-2801 et seq. was not the "proper vehicle" by which Mr. Sanders could seek release from confinement based on his convictions under Neb. Rev. Stat. ' 28-1212.04, and the derivative conviction for use of a firearm to commit a violation of Neb. Rev. Stat. ' 28-1212.04 when he alleged that Neb. Rev. Stat. ' 28-1212.04 was facially unconstitutional under Neb. Const. Art. ' III, 18, Neb. Const. Art. I, ' 3, and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 2. The district court erred in failing to grant habeas corpus relief and order Mr. Sanders released from confinement because on his convictions under Neb. Rev. Stat. ' 28-1212.04, and the derivative conviction for use of a firearm to commit a violation of Neb. Rev. Stat. ' 28-1212.04 were void, as a matter of law, because Neb. Rev. Stat. ' 28-1212.04 was facially unconstitutional under Neb. Const. Art. ' III, 18, Neb. Const. Art. I, ' 3, and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.