State v. Williams

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State v. Williams

Case Number
S-16-0083
Call Date
November 4, 2016
Court Number
Douglas
Case Summary

S-16-0083 State v. Decabooter Williams (Appellant)

Douglas County District Court, Judge J. Russell Derr

Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy) (Appellant) --- Nathan A. Liss (Attorney General's Office)

Civil: Postconviction

Proceedings below: Following an unsuccessful direct appeal and an unsuccessful postconviction proceeding, Appellant filed a second motion for postconviction relief. Without an evidentiary hearing, the district court granted Appellant's amended second motion for postconviction relief in a January 20, 2016 order reinstating his right to appeal from the denial of postconviction relief under the first postconviction motion.

Issues: 1) The district court erroneously granted limited postconviction relief without an evidentiary hearing, 2) the district court erroneously granted the limited postconviction relief of a reinstated appeal of the denial of postconviction relief under the first posconviction motion, and 3) the district court committed clear and reversible error if the order of January 20, 2016 is a final order denying postconviction relief on all claims.