S-24-0908 State of Nebraska (Appellee) v. Jeff Boppre (Appellant)
Appeal from the District Court for Scotts Bluff County, Judge Andrea D. Miller
Attorneys: Bell Island (Island Law Office, PC, LLO for Appellant), Thomas P. Frerichs, Tara Thompson, and Vanessa Potkin (Pro Hac Vice for Appellants), and Stacy M. Foust (Asst. Attorney General for Appellee)
Criminal: Postconviction relief
Proceedings Below: After Appellant filed a motion for postconviction relief, he sought leave to file a second amended motion. The district court also denied his request to file a second amended motion, and it denied postconviction relief without an evidentiary hearing. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) The trial court erred in denying Appellant’s motion for leave to amend his postconviction petition where he presented detailed factual claims deserving of further consideration by the trial court; 2) The trial court erred in determining Appellant’s amended postconviction motion was barred because it raised the same claims as his prior motion for a new trial; 3) The trial court erred in determining that Appellant’s amended postconviction motion did not properly plead that his claims were timely; and 4) The trial court erred in determining that Appellant’s amend postconviction motion did not allege sufficient facts demonstrating a violation of his constitutional rights.