State v. Harris

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State v. Harris

Case Number
Call Date
October 1, 2015
Court Number
Case Summary

S-14-0953 State v. Jack E. Harris (Appellant)

Douglas County, Judge William Zastera

Attorneys: Kimberly A. Klein (Attorney General's Office) --- Sarah P. Newell (Nebraska Commission on Public Advocacy) (Appellant)

Civil: Postconviction

Proceedings below: The trial court dismissed Appellant's postconviction motion as procedurally barred under Neb. Rev. Stat. ' 29-3003.

Issues: 1.The trial court erred in dismissing Harris' pending motion for postconviction relief under Neb. Rev. Stat. ' 29-3003 (Reissue 2008), because the remedies are mutually exclusive, not cumulative. 2. Even if cumulative, the remedies constitute separate causes of action under Neb. Rev. Stat. ' 25-1315 (Reissue 2008), and without an express direction by the district court for entry of final judgment, no final appealable order exists.