State v. Sheldon

Nebraska Supreme Court

Decided February 10, 1967

Nebraska Supreme Court · decided 1967-02-10

Relies on State v. Sheldon · State v. Parker

Good law ✅— No negative treatment on recordhow we know

Decided 1967-02-10

How this case has been cited

Cited by 29 later decisions — most recently January 2022 · most notably Kropp v. GRAND ISLAND PUBLIC SCHOOL DIST. (1994), Hawkins v. City of Omaha (2001)

3 federal appellate · 2 district · 24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Smith, J.

¶1 Defendant moved under the Post Conviction Act. to *361 vacate convictions and sentences for burglary and possession of burglar’s tools. The district court overruled the motion, and defendant has appealed.

¶2 Defendant contends that he was denied counsel at the preliminary hearing and that the sentences were excessive. These issues were determined adversely to him on direct appeal in State v. Sheldon, 179 Neb. 377, 138 N. W. 2d 428. Unless a miscarriage of justice is shown, the post conviction remedy is not available for reconsideration of matters that were determined by this court. State v. Parker, 180 Neb. 707, 144 N. W. 2d 525.

¶3 The judgment is affirmed.

¶4 Affirmed.