Home/D. Nebraska/Becker v. Nebraska

Becker v. Nebraska

310 F. Supp. 1275, 1970 U.S. Dist. LEXIS 12198
CourtDistrict Court, D. Nebraska
DecidedApril 6, 1970
DocketCiv. No. 1495L
StatusPublished
Cited by5 cases

This text of 310 F. Supp. 1275 (Becker v. Nebraska) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. Nebraska, 310 F. Supp. 1275, 1970 U.S. Dist. LEXIS 12198 (D. Neb. 1970).

Opinion

MEMORANDUM and ORDER

VAN PELT, District Judge.

Carl Becker is an inmate at the Nebraska Penal and Correction Complex serving a 5-year sentence imposed by the District Court of Dodge County, Nebraska, on September 27, 1968 for the crime of possession of a forged instrument. He seeks habeas corpus relief under 28 U. S.C.A. § 2241 alleging he was denied his right to a speedy trial as guaranteed by the 6th Amendment to the Constitution of the United States.

On September 30, 1968, petition-’ er filed with the sentencing court an application for a writ of habeas corpus. The court construed this as a petition seeking relief under the Nebraska Post Conviction Act and denied the motion. Petitioner sought to appeal this denial. On March 13, 1969 his appeal to the Nebraska Supreme Court was dismissed for failure to file briefs. There is some indication that a brief was actually tendered and that it was refused because it was not in acceptable form. Following its earlier decisions this court finds the exhaustion of state remedies sufficient to confer jurisdiction upon this court pursuant to 28 U.S.C.A. § 2254. See Meter v. State, Civil 1227L (D.Neb. 1969) unreported. Counsel was appointed for the petitioner. An evidentiary hearing was held. The case is now ready for decision.

Petitioner, in his brief, has set forth a chronology of events which has been most helpful to the court. We find these dates and events supported by the evidence presented at the evidentiary hearing. Exhibit numbers supporting certain of the statements have been added to this chronology.

[1278]*1278

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Raymond v. Shue
W.D. Arkansas, 2018
Jones v. Cummings
528 F. Supp. 1078 (W.D. New York, 1981)
Courtney v. State
472 S.W.2d 151 (Court of Criminal Appeals of Texas, 1971)
Commonwealth v. Clark
279 A.2d 41 (Supreme Court of Pennsylvania, 1971)
Carl Becker v. The State of Nebraska
435 F.2d 157 (Eighth Circuit, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
310 F. Supp. 1275, 1970 U.S. Dist. LEXIS 12198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-nebraska-ned-1970.