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State v. Smith

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Wednesday, May 1, 2013

S-12-0966, State v. Samuel Q. Smith (Appellant)


Douglas County, Judge Duane Dougherty


Attorneys: Pro Se Appellant --- Kimberly Klein, Attorney General’s Office

Civil: Smith appeals from the district court’s dismissal of his petition for postconviction relief under the new one-year statute of limitations under Neb. Rev. Stat. § 29-3001(4)(e).

Proceedings below: Smith filed his verified petition on August 28, 2012. The court determined that because Smith’s conviction was affirmed in March 2005, the applicable triggering date for the one-year time limit was August 27, 2011, the act’s effective date and the default triggering date under the new provision.[1] Citing State v. Seberger,[2] the court also determined that Nebraska does not have a “‘prison delivery rule.’” It concluded that Smith’s claims were therefore time barred.

Issue: Whether the court correctly determined that Smith’s claims were time-barred and that prison delivery rule did not apply.



[1] See Neb. Laws 2011, L.B. 137.

[2] State v. Seberger, 284 Neb. 40, 815 N.W.2d 910 (2010),


This page was last modified on Wednesday, May 1, 2013