State v. Roger K. Schmidt, Sr.

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State v. Roger K. Schmidt, Sr.

Case Number
A-15-0584
Call Date
June 8, 2016
Case Time
1:00 PM
Case Summary

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?

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Inbody, and Riedmann, Judges