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STATE v. SILVERS

No. S-98-126.

587 N.W.2d 325 (1998)

255 Neb. 702

STATE of Nebraska, appellee, v. Thomas J. SILVERS, appellant.

Supreme Court of Nebraska.

December 4, 1998.

Attorney(s) appearing for the Case

Thomas J. Silvers, pro se, for appellant.

Don Stenberg, Attorney General, and Mark D. Starr, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

In 1986, following a fire at his home that caused the death of his stepdaughter, Thomas J. Silvers pled guilty to first degree arson and first degree felony murder and is currently serving sentences for those convictions. In this action filed in the district court for Buffalo County, Silvers sought postconviction relief on two theories: (1) The arson conviction violated double jeopardy because arson is an underlying felony of first degree felony murder...

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