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STATE v. EPTING

No. S-07-886.

751 N.W.2d 166 (2008)

276 Neb. 37

STATE of Nebraska, appellee and cross-appellant, v. John C. EPTING, Sr., appellant and cross-appellee.

Supreme Court of Nebraska.

July 3, 2008.

Attorney(s) appearing for the Case

Patrick B. Hays, Lincoln County Public Defender, for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

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

WRIGHT, J.

NATURE OF CASE

This case is before the court styled as a new direct appeal arising from a motion for postconviction relief. Without conducting an evidentiary hearing, the district court for Lincoln County entered an order granting John C. Epting, Sr., a new direct appeal. We conclude that the district court erred in ordering postconviction relief.

SCOPE OF REVIEW

The dispositive procedural...

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