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KERNS v. GRAMMER

No. 87-191.

416 N.W.2d 253 (1987)

227 Neb. 165

Sandy Patrick KERNS, Sr., Appellant, v. Gary GRAMMER, Warden, Nebraska Penal and Correctional Complex, Appellee.

Supreme Court of Nebraska.

December 11, 1987.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Richard L. Goos, Sp. Deputy Lancaster County Public Defender, for appellant.

Robert M. Spire, Atty. Gen., and Steven J. Moeller, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN and GRANT, JJ., and COLWELL, District Judge, Retired.

CAPORALE, Justice.

The court below sustained the demurrer of appellee, Gary Grammer, warden at the Nebraska Penal and Correctional Complex, denied the motion of appellant, Sandy Patrick Kerns, Sr., to amend his petition "to present action as both habeas corpus and post conviction," and dismissed Kerns' petition, which sought a writ of habeas corpus. Kerns' 10 assignments of error merge to question the (1) denial of his motion to amend, (2) determination that the rule...

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