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STATE v. MARCHESE

No. S-93-123.

515 N.W.2d 670 (1994)

245 Neb. 975

STATE Of Nebraska, Appellee, v. Joseph A. MARCHESE, Appellant.

Supreme Court of Nebraska.

May 20, 1994.

Attorney(s) appearing for the Case

Kelly S. Breen, Asst. Douglas County Public Defender, Omaha, and, on brief, Joseph A. Marchese, Columbus, OH, for appellant.

Don Stenberg, Atty. Gen., and Delores Coe-Barbee, Lincoln, for appellee.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ.

CAPORALE, Justice.

We, on our own motion, removed this postconviction relief action from the Nebraska Court of Appeals to this court in order to regulate the caseloads of the two tribunals. The defendant-appellant, Joseph A. Marchese, having been convicted of second degree arson in violation of Neb.Rev.Stat. § 28-503 (Reissue 1989), asserts that the postconviction court erred in failing to grant him an evidentiary hearing in order that he might show, among other...

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