State v. Scoville

Case Number(s)
S-24-0086
Case Audio
Call Date
Case Time
Court Number
Kearney
Case Location
Lincoln
Court Type
District Court
Case Summary

S-24-0086 State of Nebraska (Appellee) v. Dustin A. Scoville (Appellant)

Appeal from the District Court for Kearney County, Judge Terri S. Harder

Attorneys: Nicholas R. Glasz (Glasz Law for Appellant) and Austin N. Relph (Nebraska Attorney General’s Office for Appellee)

Criminal: Postconviction relief

Proceedings below:  Appellant entered a no contest plea to attempted child abuse resulting in death, and he was sentenced to forty-nine (49) to fifty (50) years in prison.  Appellant filed for postconviction relief, which the district court denied without an evidentiary hearing.  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) The district court erred in denying Appellant’s postconviction relief motion without an evidentiary hearing; 2) The district court erred in not issuing a declaration to Appellant that Neb. Rev. Stat. § 29-3001 et seq. is unconstitutional as applied to him; and 3) The district court erred in denying Appellant’s motion for judge written pleadings.

Schedule Code
SC