STATE v. BRANCH

No. S-12-1010.

834 N.W.2d 604 (2013)

286 Neb. 83

STATE of Nebraska, appellee, v. James L. BRANCH, appellant.

Supreme Court of Nebraska.

Filed June 14, 2013.


Attorney(s) appearing for the Case

Sean M. Conway , of Dornan, Lustgarten & Troia, P.C., L.L.O., for appellant.

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

HEAVICAN, C.J., WRIGHT, STEPHAN, MCCORMACK, and CASSEL, JJ.


HEAVICAN, C.J.

INTRODUCTION

James L. Branch's motion for postconviction relief was denied without an evidentiary hearing. He appeals. We conclude that Branch is entitled to an evidentiary hearing on his allegation regarding potential alibi evidence and accordingly reverse the district court's denial of a hearing. As to Branch's other allegations, however, we affirm the district court's judgment.

BACKGROUND

In March 2008, Branch was charged...

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