S-24-0762 Kirk Robinson (Appellant) v. Taggart Boyd, Warden at Lincoln Reception and Treatment Center, and Rob Jeffreys, Director, Nebraska Department of Correctional Services (Appellees)
Appeal the District Court for Lancaster County, Judge Andrew R. Jacobsen
Attorneys: Gerald Soucie (Attorney at Law for Appellant) and Austin N. Relph (Asst. Attorney General for Appellees)
Civil: Petition for writ of habeas corpus
Proceedings Below: Appellant filed a petition for writ of habeas corpus in which he alleged that he was being illegally incarcerated pursuant to an order that was void. The district court declined to issue the writ. On appeal, Appellant filed a Petition to Bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.
Issues: Appellant assigns the following error: 1) The District Court for Lancaster County erred as a matter of law in dismissing the petition and failing to order Appellant’s release because under the undisputed facts: A) Ct V of the 2nd Amended Information to which Appellant entered a “no contest” plea on September 17, 2019, did not set forth all of the essential elements of the criminal offense under Neb. Rev. Stat. § 28-1206 and alleged a non-crime. The district court’s sentence of seven (7) to twenty-five (25) years was without jurisdiction, illegal, and void ab initio; and B) the factual basis provided by the State at the time of the “no contest” plea on September 17, 2019, did not cure the jurisdictional defect regarding the sentence imposed on Ct V. The State’s undisputed facts affirmatively established that under the “harassment” protection order issued in Buffalo County District Court CR 18-568 served on October 6, 2018, Appellant was not precluded from owning or possessing a firearm under the express language of said order.