S-13-0413, Troy Anthony Hess (Appellant) v. State of Nebraska
Douglas County District Court, Judge Russell Derr
Attorneys: Troy Hess, pro se (Appellant); Linda L. Willard (State of Nebraska)
Civil: wrongful conviction and imprisonment.
Proceedings below: Hess filed a petition under the Nebraska State Tort Claim Act, which was denied. He subsequently filed a motion in district court under The Nebraska Claims for Wrongful Conviction and Imprisonment Act. The State filed a motion for summary judgment, which was denied. After the denial, Hess requested appointment of counsel, which was denied. After trial was held on Hess’s claim, the district court found that Hess did not meet his burden of proof under the statute to prove by clear and convincing evidence that he was guilty of the vacated second degree murder conviction for which he served prison time.
Issues: Appellant argues the district court erred in (1) denying him counsel, (2) requiring Hess to prove his innocence, (3) utilizing unrelated convictions, (4) not finding Hess was innocent based on Neb. Rev. Stat. § 29-2106.