A-16-0421, Michael Marvin Dugan (Appellant) v. State of Nebraska; Scott Frakes, Director, NDCS; and Richard Cruickshank, Warden, Nebraska State Penitentiary
Lancaster County, Hon. Steven D. Burns
Attorneys: Michael J. Wilson (Schaefer Shapiro, LLP) (Appellant)— Kimberly A. Klein (Attorney General’s Office)
Civil: Habeas Corpus
Proceedings Below: The district court denied Dugan’s petition for writ of habeas corpus.
Issues: Dugan asserts that the district court erred in denying his petition for a writ of habeas corpus because (1) his sentence is void since he was tried, convicted, and sentenced during the pendency of an appeal that divested the trial court of jurisdiction, and (2) the Court of Appeals failed to properly exercise its jurisdiction to hear Dugan’s appeal from the order denying his motion to reduce excessive bail, relying on the wrongly decided case of State v. Kula, 254 Neb. 962, 579 N.W.2d 541 (1998).