A-15-0584, State of Nebraska v. Roger K. Schmidt, Sr. (Appellant)
District Court of Jefferson County, District Judge Paul W. Korslund
Attorney for Appellant: Lyle J. Koenig (Koenig Law Firm)
Attorneys for Appellee: Douglas J. Peterson and Erin E. Tangeman (Attorney General's Office)
Criminal Action: Motion for Postconviction Relief
Action taken by the Trial Court: The district court denied Schmidt's second motion for postconviction relief, determining that the motion was barred by the limitation period set forth in the Nebraska Postconviction Act, Neb. Rev. Stat. ' 29-3001(4).
Assignments of Error and Issues on Appeal: Did the district court err in holding that the second motion for postconviction relief was time barred as a result of being subject to neither an exception when the factual basis for the motion was not reasonably discoverable through due diligence nor an exception for a newly recognized constitutional right?