State v. Engstrom

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State v. Engstrom

Case Number
15-1180
Call Date
January 19, 2017
Case Time
1:00 PM
Case Summary

A-15-1180 and A-15-1221, State of Nebraska v. Michael D. Engstrom (Appellant)

Johnson and Pawnee Counties, District Judge Daniel E. Bryan

Attorney for Appellant: Pro se

Attorney for Appellee: Douglas J. Peterson and Austin N. Relph (Attorney General's Office)

Civil Action: Postconviction

Action Taken by Trial Court: ln two separate but related cases, Engstrom pled no contest to multiple crimes that occurred on February 13, 2013. The district court accepted his pleas and found him guilty beyond a reasonable doubt in both cases. After his sentences and convictions were affirmed on direct appeal, Engstrom filed identical motions for postconviction relief in both cases. The district court denied both motions as untimely, without an evidentiary hearing and without the appointment of counsel.

Assignments of Error on Appeal: Restated, Engstrom assigns the district court erred by (1) finding that the motion was time-barred without considering that Engstrom's brain injury and a prison riot prevented a timely filing, and (2) denying his motion for postconviction relief.

Case Location
Lincoln
Panel Text
Riedmann and Bishop, Judges, and McCormack, Justice, Retired