State v. Huggins

by
Appellant entered a plea of no contest to second degree murder. The court of appeals affirmed Appellant’s conviction and sentence. Appellant later filed a pro se motion for postconviction relief, raising various claims of ineffective assistance of counsel. The district court dismissed Appellant’s postconviction motion without an evidentiary hearing, concluding that the motion was time barred because it was filed more than one year following the conclusion of Appellant’s direct appeal. The Supreme Court affirmed, holding (1) Appellant’s argument that the limitation period did not begin to run until the time for him to file a petition for a writ of certiorari to the U.S. Supreme Court had expired was without merit; and (2) the limitation period was not tolled during a period when Appellant was in federal custody and not in the custody of the State of Nebraska. View "State v. Huggins" on Justia Law