State v. Epp
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The Supreme Court affirmed the district court’s dismissal of a motion for postconviction relief without an evidentiary hearing or the appointment of counsel on the basis that the motion was filed outside the one-year limitations period set forth in Neb. Rev. Stat. 29-3001.
Defendant was convicted of robbery and possession of a deadly weapon by a felon. The Supreme Court affirmed the convictions and sentences. Defendant later filed a motion for postconviction relief alleging four claims for relief. The district court dismissed the motion, finding that the motion was filed outside the one-year limitations period. The Supreme Court affirmed, holding that the district court did not err in failing to grant an evidentiary hearing, appoint counsel, and grant postconviction relief where the motion for postconviction relief was outside the one-year limitations period set forth in section 29-3001(4)(e).
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