Nebraska Supreme Court, 1967

State v. Sheldon

Nebraska Supreme Court · Decided February 10, 1967 · White, Carter, Spencer, Boslaugh, Smith, McCown

148 N.W.2d 301; 181 Neb. 360; 1967 Neb. LEXIS 552 (North Western Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

State v. Harper (Neb. 1983)
State v. Sheldon (Neb. 1969)
Jerry Sheldon v. State of Nebraska (8th Cir. 1968)
Homan v. Sigler (United States District Court, Nebraska 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Smith, J.

Defendant moved under the Post Conviction Act. to *361 vacate convictions and sentences for burglary and possession of burglar’s tools. The district court overruled the motion, and defendant has appealed.

Defendant contends that he was denied counsel at the preliminary hearing and that the sentences were excessive. These issues were determined adversely to him on direct appeal in State v. Sheldon, 179 Neb. 377, 138 N. W. 2d 428. Unless a miscarriage of justice is shown, the post conviction remedy is not available for reconsideration of matters that were determined by this court. State v. Parker, 180 Neb. 707, 144 N. W. 2d 525.

The judgment is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.