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SANDERS v. FRAKES

No. S-15-898.

888 N.W.2d 514 (2016)

295 Neb. 374

Ricky J. SANDERS, Appellant, v. Scott R. FRAKES, Director, Nebraska Department of Correctional Services, et al., Appellees.

Supreme Court of Nebraska.

Filed December 23, 2016.

Attorney(s) appearing for the Case

Gerald L. Soucie for appellant.

Douglas J. Peterson , Attorney General, and George R. Love , Lincoln, for appellees.

Heavican, C.J., Wright, Miller-Lerman, Kelch, and Funke, JJ., and Riedmann and Bishop, Judges.

I. NATURE OF CASE

Ricky J. Sanders appeals from the dismissal of his petition for habeas corpus relief. The district court dismissed his petition, in which Sanders argued that Neb. Rev. Stat. § 28-1212.04 (Reissue 2016) was facially unconstitutional. The district court reasoned that a final conviction pursuant to an unconstitutional...

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