State v. Smith
Cases that cite this one
3 later published cases cite this decision.
- State v. Newton (Neb. 1979)
- Wardell N. Smith v. Warden Charles Wolff, Nebraska State Penitentiary (8th Cir. 1974)
- State v. Fincher (Neb. 1974)
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
This is a post conviction action to vacate and set aside defendant’s sentence and conviction for first degree murder. Defendant pled guilty and was sentenced to life imprisonment. The trial court appointed counsel, *389 granted defendant a hearing, and decided the case on its merits.
This, however, is a second motion for post conviction relief on behalf of the defendant. In State v. Reichel, 187 Neb. 464, 191 N. W. 2d 826, we held: “After a first motion for post conviction relief has been judicially determined, any subsequent motion for post conviction relief from the same conviction and sentence may be dismissed by the district court, unless the motion affirmatively shows on its face that the basis relied upon for relief was not available at the time of filing a prior motion for post conviction relief.” We see no reason to depart from that holding in this case.
The judgment of the district court is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.