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STATE v. GLOVER

No. S-07-1108.

756 N.W.2d 157 (2008)

276 Neb. 622

STATE of Nebraska, appellee, v. Michael J. GLOVER, appellant.

Supreme Court of Nebraska.

September 26, 2008.

Attorney(s) appearing for the Case

Thomas J. Garvey, Bellevue, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

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

CONNOLLY, J.

SUMMARY

Michael J. Glover argues that the district court erred in denying his petition for postconviction relief without an evidentiary hearing. At a hearing on the State's motion to deny an evidentiary hearing, Glover offered and the court received his trial counsel's deposition. Glover's postconviction counsel offered the deposition to resist the State's motion. Relying on the deposition, the court decided factual questions and overruled Glover...

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