O’Neal v. State

In 1997, pursuant to a plea agreement, Appellant pled no contest to three counts of attempted first degree assault and two counts of use of a deadly weapon to commit a felony. In 2013, Appellant filed a pro se petition for a writ of habeas corpus in the district court for Douglas County, alleging that he was entitled to habeas relief because the information on which he was convicted incorrectly identified the victim on counts I and II. The district court denied Appellant’s petition, concluding that it lacked jurisdiction to consider the petition because Appellant was currently serving his incarceration at the penitentiary in Lincoln, Nebraska, which was not in Douglas County. The Supreme Court affirmed but on other grounds, holding (1) the district court was not deprived of jurisdiction by the fact that Appellant was not confined within Douglas County or because Appellant failed to attach a copy of the commitment order to his petition; but (2) Appellant did not raise an issue that could be addressed in a writ of habeas corpus proceeding in Nebraska. View "O'Neal v. State" on Justia Law