Nebraska Supreme Court, 1973

State v. Johnson

State v. Johnson
Nebraska Supreme Court · Decided March 23, 1973 · White, Spencer, Boslaugh, Smith, McCown, Newton, Clinton
205 N.W.2d 548; 189 Neb. 824; 1973 Neb. LEXIS 903 (North Western Reporter, Second Series)

State v. Johnson

Opinion

Newton, J.

This is a post conviction proceeding wherein the defendant charges his personally selected attorney with incompetence due to a failure to call certain alleged witnesses. He further states the prosecuting attorney wrongfully suppressed evidence. He fails to specify what witnesses were not called, what they could have testified to, or what evidence was suppressed. We affirm the judgment denying the defendant relief.

In a post conviction proceeding a defendant must allege facts which, if proved, would constitute an infringement of his constitutional rights. See State v. Clinger-man, 180 Neb. 344, 142 N. W. 2d 765.

*825 In Harris v. Thomas, 341 F. 2d 560 (6th Cir., 1965), it is stated:. “The witnesses to whom the petitioner refers are not named and .there are no allegations of facts about which they would testify, nor in what manner they would have been pertinent to petitioner’s case.

“ ‘Conclusions, not substantiated by allegations of fact with some probability of verity, are not sufficient to warrant a hearing.’ ”

The appeal is without merit and the judgment is affirmed.

Affirmed.

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