State v. Ronzzo

Nebraska Supreme Court

State v. Ronzzo

146 N.W.2d 576, 181 Neb. 16, 1966 Neb. LEXIS 456

CourtNebraska Supreme Court

DecidedNovember 25, 1966

Docket36338

StatusPublished

Cited by5 cases

This text of 146 N.W.2d 576 (State v. Ronzzo) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ronzzo, 146 N.W.2d 576, 181 Neb. 16, 1966 Neb. LEXIS 456 (Neb. 1966).

Pincite

Opinion

Smith, J.

Defendant moved under the Post Conviction Act for an order vacating a sentence of life imprisonment for the *17 crime of murder in the second degree. The district court dismissed the motion without a hearing. See § 29-3001, R. S. Supp., 1965. Defendant alleged that he had not been informed of his constitutional rights in respect to police interrogation and that he had been denied assistance of counsel.

The time and substance of police interrogation are speculative, and the record negatives a suggestion of prejudice. Defendant appeared without counsel at the preliminary hearing October 19, 1959, entering a plea of not guilty. On October 30, 1959, the district court appointed counsel who represented defendant throughout the remainder of the proceeding. Defendant pleaded guilty November 17, 1959, the court pronouncing judgment and sentence the same day. In this post conviction proceeding counsel was not appointed prior to dismissal of the motion.

A hearing is required “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, * * § 29-3001, R. S. Supp., 1965. The present appeal has no merit. See, State v. Sheldon, 179 Neb. 377, 138 N. W. 2d 428; State v. Silvacarvalho, 180 Neb. 755, 145 N. W. 2d 447. The judgment is affirmed.

Affirmed.

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

Smith, J.

Defendant moved under the Post Conviction Act for an order vacating a sentence of life imprisonment for the *17 crime of murder in the second degree. The district court dismissed the motion without a hearing. See § 29-3001, R. S. Supp., 1965. Defendant alleged that he had not been informed of his constitutional rights in respect to police interrogation and that he had been denied assistance of counsel.

The time and substance of police interrogation are speculative, and the record negatives a suggestion of prejudice. Defendant appeared without counsel at the preliminary hearing October 19, 1959, entering a plea of not guilty. On October 30, 1959, the district court appointed counsel who represented defendant throughout the remainder of the proceeding. Defendant pleaded guilty November 17, 1959, the court pronouncing judgment and sentence the same day. In this post conviction proceeding counsel was not appointed prior to dismissal of the motion.

A hearing is required “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, * * § 29-3001, R. S. Supp., 1965. The present appeal has no merit. See, State v. Sheldon, 179 Neb. 377, 138 N. W. 2d 428; State v. Silvacarvalho, 180 Neb. 755, 145 N. W. 2d 447. The judgment is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

146 N.W.2d 576, 181 Neb. 16, 1966 Neb. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ronzzo-neb-1966.

Opinion

Related

Cite This Page — Counsel Stack