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What determines the timeline in the state of Nebraska for filing

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What determines the timeline in the state of Nebraska for filing of an inmates last post conviction appeal? Must it be within a year of his second appeal? I have searched everywhere and cannot find an answer within the various Nebraska sites.

Hello Donna,

My name isXXXXX a licensed attorney. Glad to try and help out.

I'm pleased to share the following information with you. Nebraska procedure imposes a one-year time limit, which is triggered by the later of one of the following five events stipulated as follows (quoting the statutory language):

"(a) The date the judgment of conviction became final by the conclusion of a direct appeal or the expiration of the time for filing a direct appeal;

(b) The date on which the factual predicate of the constitutional claim or claims alleged could have been discovered through the exercise of due diligence;

(c) The date on which an impediment created by state action, in violation of the Constitution of the United States or the Constitution of Nebraska or any law of this state, is removed, if the prisoner was prevented from filing a verified motion by such state action;

(d) The date on which a constitutional claim asserted was initially recognized by the Supreme Court of the United States or the Nebraska Supreme Court, if the newly recognized right has been made applicable retroactively to cases on postconviction collateral review; or

(e) August 27, 2011."

Here's the actual statute along with case law annotations:

Nebraska Revised Statutes § 29-3001

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I truly hope all works out for you.

Take care,

Ben, J.D.

LawHelpNow and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank God!I choose you as my only criminal contact-however itappears they have sent my last two questions to other people in other areas not chosen by me. How can I work specifically 1-1 with you for added questions.Your first response was Excellent and I chose you to specifically deal with however that's not what is happening here.


Customer: replied 3 years ago.

Thanks for the awesome information in such a short period of time. Tried to reply also asked more questions....but haven't heard backanything.

Hello again Donna,

Thanks for writing back..great to hear from you!

You are most pleasure entirely!

It makes my day to know that my answers have been helpful to you. I do thank you so much for taking the time to express your appreciation with such kind words. Also, many thanks for the kindness of your favorable rating and most generous bonus. I appreciate this more than I can say, and your generosity enables me to keep helping folks in need.

I see an indication that you had written back. I just logged on, but I'll be sure to take a look at any follow-up post from you just as quickly as I can do so. In the meantime, thanks much for your patience!

Best regards,

Ben, J.D.

Hello Donna,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.


Ben, J.D.

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