S-24-0484 State of Nebraska (Appellee) v. Aubrey C. Trail (Appellant)
Appeal from the District Court for Saline County, Judge J.A. Bargen
Attorneys: Megan R. Kielty (Attorney for Appellant) and Laurence E. Komp (Capital Habeas Unit, Federal Public Defender’s Office for the Western District of Missouri, as pro hac vice for Appellant) and Stacy M. Foust (Asst. Attorney General for Appellee)
Criminal: Postconviction relief
Proceedings below: Appellant was convicted of first-degree murder and of conspiracy to commit first-degree murder. He was sentenced to death. See State v. Trail, 312 Neb. 843, 981 N.W.2d 269 (2022). Subsequently, Appellant filed a motion for postconviction relief, which the district court determined to be time barred and denied the motion. Capital punishment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) The district court erred by denying Appellant’s verified motion for postconviction relief as time-barred; and 2) The district court erred by denying Appellant’s verified petition for postconviction relief in violation of Appellant’s right to due process guaranteed by Article I, Sections 3 and 11 of the Nebraska Constitution and the Fifth and Fourteenth Amendments of the U.S. Constitution.