STATE v. DUNSTER

No. S-08-227.

769 N.W.2d 401 (2009)

278 Neb. 268

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

Supreme Court of Nebraska.

August 7, 2009.


Attorney(s) appearing for the Case

Peter K. Blakeslee for appellant.

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

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


GERRARD, J.

David L. Dunster was convicted of murdering his prison cellmate and sentenced to death. His convictions and sentences were affirmed on direct appeal. This appeal is taken from the district court's denial, without an evidentiary hearing, of Dunster's first motion for postconviction relief. Because Dunster was represented by different counsel at trial and on direct appeal, the primary issue in this appeal is whether Dunster's claims are procedurally barred...

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