State v. DuBray

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State v. DuBray

Case Number
S-15-1032
Call Date
August 31, 2016
Court Number
Box Butte
Case Summary

S-15-1032 State v. Dominick L. Dubray (Appellant)

Box Butte County, Judge Travis P. O'Gorman

Attorneys: Self Represented Appellant --- Stacy M. Foust (Attorney General's Office)

Civil: Postconviction

Proceedings below: The court sustained the State's motion to dismiss and denied Appellant postconviction relief without an evidentiary hearing.

Issues: 1. The District Court erred when it dismissed Dubray's Petition for Post-Conviction Relief after finding that the records and files in the case affirmatively show that that he was not entitled to relief despite Dubray's claims of actual innocence. 2. The District Court erred when it concluded that Dubray had not alleged sufficient facts to show that trial counsel was ineffective, that he was prejudiced by that ineffective assistance and by not granting an evidentiary hearing on the issue. 3. The District Court erred when it concluded that Dubray had not alleged sufficient facts to show that appellate counsel was ineffective, that he was prejudiced by that ineffective assistance and by not granting an evidentiary hearing on the issue. 4. The District Court erred when it did not grant an evidentiary hearing and it dismissed Dubray's Petition for Post-Conviction Relief after finding that the records and files in the case affirmatively show that he was not entitled to relief despite Dubray's contention that the Trial Judge committed reversible error. 5. The District Court erred when it did not grant an evidentiary hearing and it dismissed Dubray's Petition for Post-Conviction Relief after finding that the records and files in the case affirmatively show that he was not entitled to relief despite Dubray's contention that he was the victim of prosecutorial misconduct. 6. The District Court's Findings and Conclusions that Dubray Failed to Establish a Basis for Post-Conviction Relief were Clearly Erroneous.