S-12-0966, State v. Samuel Q. Smith (Appellant)
Douglas County, Judge Duane Dougherty
Attorneys: Pro Se Appellant --- Kimberly Klein, Attorney General’s Office
Civil: Smith appeals from the district court’s dismissal of his petition for postconviction relief under the new one-year statute of limitations under Neb. Rev. Stat. § 29-3001(4)(e).
Proceedings below: Smith filed his verified petition on August 28, 2012. The court determined that because Smith’s conviction was affirmed in March 2005, the applicable triggering date for the one-year time limit was August 27, 2011, the act’s effective date and the default triggering date under the new provision. Citing State v. Seberger, the court also determined that Nebraska does not have a “‘prison delivery rule.’” It concluded that Smith’s claims were therefore time barred.
Issue: Whether the court correctly determined that Smith’s claims were time-barred and that prison delivery rule did not apply.