STATE v. DUNSTER

No. S-05-021.

707 N.W.2d 412 (2005)

270 Neb. 773

STATE of Nebraska, appellee, v. David L. DUNSTER, appellant.

Supreme Court of Nebraska.

December 16, 2005.


Attorney(s) appearing for the Case

Jerry L. Soucie, of Nebraska Commission on Public Advocacy, for appellant.

Jon Bruning, Attorney General, and J. Kirk Brown, Solicitor General, for appellee.

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


CONNOLLY, J.

David L. Dunster appeals the district court's order denying his motion for new trial and motion to vacate his death sentence. He contends that newly discovered evidence shows that he was not competent to plead guilty and represent himself in the initial proceeding. He also appeals the court's order denying the motion to vacate his death sentence as void ab initio. The court determined that regardless of the new evidence, Dunster was competent when he...

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