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STATE v. SMITH

No. S-13-891.

851 N.W.2d 665 (2014)

288 Neb. 797

STATE of Nebraska, appellee, v. Brian D. SMITH, appellant.

Supreme Court of Nebraska.

Filed August 8, 2014.

Attorney(s) appearing for the Case

Jeffery A. Pickens , of Nebraska Commission on Public Advocacy, for appellant.

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

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Stephan, J.

In 1983, when he was 16 years old, Brian D. Smith was convicted of burglary and kidnapping. He was sentenced to life in prison for the kidnapping and to a term of 5 to 20 years' imprisonment for the burglary. In 2013, Smith filed a motion seeking to have his life sentence declared void and set aside pursuant to the decision of the U.S. Supreme Court in Graham v. Florida.1...

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