S-22-0546 State of Nebraska (Appellee) v. Michael D. Dewey (Appellee)
Appeal from the District Court for Lancaster County, Judge Andrew R. Jacobsen
Attorneys: Michael D. Dewey (Self-Represented Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee)
Civil: Postconviction Relief
Proceedings Below: Appellant was convicted of Manslaughter and Use of a Firearm to Commit a Felony for which he received an aggregate sentence of sixty-four (64) to seventy (70) years in prison. Appellant subsequently filed a Verified Motion for Postconviction Relief, which was denied by the trial court. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) Trial court abused it’s discretion when denying Appellant’s statutory right to the grant of a “hearing” based on his “satisfactorily” pled application for postconviction relief; Appellant “claim[ed] a right,” that was infringed upon as set forth by § 29-3001 (Reissue 2016); 2) Trial court abused it’s discretion when determining the Appellant’s “claim of right” to be free from a constitutionally disproportionate sentence, was raised in a subsequent proceeding after sentence was imposed, as being excessive, procedurally barring Appellant; and 3) Trial court abused it’s discretion when determining the Appellant’s claim of constitutional disportionality under the U.S. Constitution was merely conclusory without any specific facts.