S-23-0930 State of Nebraska (Appellee) v. Michael D. Davis (Appellant)
Appeal from the District Court for Saline County, Judge David J. A. Bargen
Attorneys: Justin Kuntz (Hanson, Hroch, & Kuntz for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee).
Criminal: Postconviction Relief and Sentencing
Proceedings below: Appellant was convicted of first-degree arson, and after postconviction relief was granted, he was re-sentenced to not less than nineteen (19) years eleven (11) months in prison and not more than twenty (20) years in prison. Appellee filed a Petition to Bypass the Court of Appeals, which the Supreme Court granted and ordered that this case to be transferred to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court abused its discretion in imposing a sentence upon Appellant which exceeds the parole date mandated by Neb. Rev. Stat. § 83-1,110(1)(b) and violates the Nebraska Truth in Sentencing Act; 2) The district court erred in denying Appellant the right to use the Court’s subpoena power to obtain recorded phone conversations from the Nebraska Department of Corrections; and 3) The district court abused its discretion by imposing an excessive sentence upon Appellant.
On cross-appeal, Appellee makes the following assignments of error: 1) The district court erred by finding that Appellant’s original sentences, which became final after direct appeal and are not void, were subject to a collateral attack; and 2) The district court erred by granting postconviction relief, which was not a legally available remedy.