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CHILDS v. FRAKES

No. S-21-878.

981 N.W.2d 598 (2022)

312 Neb. 925

Moses CHILDS, appellant and cross-appellee, v. Scott FRAKES, appellee and cross-appellant.

Supreme Court of Nebraska.

Filed November 18, 2022.

Attorney(s) appearing for the Case

Moses Childs, pro se.

Douglas J. Peterson , Attorney General, and James A. Campbell , Solicitor General, for appellee.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

In this appeal, we consider whether the service and automatic dismissal provisions of Neb. Rev. Stat. § 25-217 (Cum. Supp. 2020) apply to habeas corpus proceedings. We hold that § 25-217 has no application to habeas corpus proceedings, and consequently, the district court erred when it dismissed a petition for writ of habeas...

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