State v. Sanders

Nebraska Supreme Court

State v. Sanders

369 N.W.2d 641, 220 Neb. 308, 1985 Neb. LEXIS 1112

CourtNebraska Supreme Court

DecidedJune 28, 1985

Docket84-878

StatusPublished

Cited by9 cases

This text of 369 N.W.2d 641 (State v. Sanders) 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. Sanders, 369 N.W.2d 641, 220 Neb. 308, 1985 Neb. LEXIS 1112 (Neb. 1985).

Pincite

Opinion

*309 Per Curiam.

Duane W. Sanders appeals from a judgment entered by the district court for Douglas County, Nebraska, denying his request for post conviction relief pursuant to Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1979). This is Sanders’ second appearance in this court on this matter. In his direct appeal we affirmed his conviction pursuant to Neb. Ct. R. 3B (rev. 1983) (formerly rule le(l) (1977)). See State v. Sanders, 209 Neb. xx-xxi (case No. 44019, Sept. 9, 1981). The disposition of a direct appeal pursuant to rule 3B is a disposition on the merits. See rule 3B(4). See, also, Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). In granting relief pursuant to rule 3B, this court examines the entire record, not only to resolve those matters which are specifically called to the court’s attention by court-appointed counsel but also to determine whether any possible errors exist. Therefore, any matter which can be determined from the record on direct appeal is considered by the Supreme Court when granting relief pursuant to rule 3B and is not available for further relief pursuant to the Nebraska Post Conviction Act. See, State v. Weiland, 190 Neb. 111, 206 N.W.2d 336(1973); State v. Losieau, 182 Neb. 367, 154 N.W.2d 762 (1967). The judgment of the district court denying post conviction relief to Sanders is affirmed.

Affirmed.

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*309 Per Curiam.

Duane W. Sanders appeals from a judgment entered by the district court for Douglas County, Nebraska, denying his request for post conviction relief pursuant to Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1979). This is Sanders’ second appearance in this court on this matter. In his direct appeal we affirmed his conviction pursuant to Neb. Ct. R. 3B (rev. 1983) (formerly rule le(l) (1977)). See State v. Sanders, 209 Neb. xx-xxi (case No. 44019, Sept. 9, 1981). The disposition of a direct appeal pursuant to rule 3B is a disposition on the merits. See rule 3B(4). See, also, Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). In granting relief pursuant to rule 3B, this court examines the entire record, not only to resolve those matters which are specifically called to the court’s attention by court-appointed counsel but also to determine whether any possible errors exist. Therefore, any matter which can be determined from the record on direct appeal is considered by the Supreme Court when granting relief pursuant to rule 3B and is not available for further relief pursuant to the Nebraska Post Conviction Act. See, State v. Weiland, 190 Neb. 111, 206 N.W.2d 336(1973); State v. Losieau, 182 Neb. 367, 154 N.W.2d 762 (1967). The judgment of the district court denying post conviction relief to Sanders is affirmed.

Affirmed.

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Bluebook (online)

369 N.W.2d 641, 220 Neb. 308, 1985 Neb. LEXIS 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sanders-neb-1985.

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