State v. Agnew

Nebraska Supreme Court

State v. Agnew

178 N.W.2d 592, 185 Neb. 716, 1970 Neb. LEXIS 624

Nebraska Supreme Court·Decided July 2, 1970·No. No. 37534·Published

Opinion

Smith, J.

Defendant appeals from denial of an evidentiary hearing on his motion for post conviction relief from a judgment that we affirmed in State v. Agnew, 184 Neb. 700, 171 N. W. 2d 542 (1969). The motion raises issues which we there necessarily determined. Unless a miscarriage of justice is shown, the post conviction remedy is not available for reconsideration of questions that were determined by this court. State v. O’Kelly, 181 Neb. 618, 150 N. W. 2d 117 (1967). Justice has not miscarried here.

Other issues raised in defendant’s motion are without merit. The judgment is affirmed.

Affirmed.

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Smith, J.

Defendant appeals from denial of an evidentiary hearing on his motion for post conviction relief from a judgment that we affirmed in State v. Agnew, 184 Neb. 700, 171 N. W. 2d 542 (1969). The motion raises issues which we there necessarily determined. Unless a miscarriage of justice is shown, the post conviction remedy is not available for reconsideration of questions that were determined by this court. State v. O’Kelly, 181 Neb. 618, 150 N. W. 2d 117 (1967). Justice has not miscarried here.

Other issues raised in defendant’s motion are without merit. The judgment is affirmed.

Affirmed.

State v. Agnew, 178 N.W.2d 592, 185 Neb. 716, 1970 Neb. LEXIS 624 (Neb. 1970).

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Opinion

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