State v. Koch

Summary

The Nebraska Supreme Court affirmed the dismissal of Edward D. Koch's motion for postconviction relief. The court held that the State's cross-appeal was properly before it and that the one-year limitations period began when the Nebraska Court of Appeals issued its mandate concluding Koch's direct appeal, making his motion untimely.

Holdings

1. The State's cross-appeal was properly before the Nebraska Supreme Court because it was filed within the extension granted by the court and challenged the final order entered after the evidentiary hearing on the remaining claim.
2. Within a postconviction proceeding, an order granting an evidentiary hearing on some issues and denying a hearing on others is a final, appealable order as to the claims denied without a hearing.
3. For purposes of Neb. Rev. Stat. § 29-3001(4)(a), the issuance of a mandate by a Nebraska appellate court is the definitive date of the conclusion of a direct appeal and the date the judgment of conviction became final.
4. Koch's postconviction motion was time barred because it was filed more than one year after the Nebraska Court of Appeals issued its mandate.

Questions Presented

1. Whether the State's cross-appeal challenging the timeliness of Koch's postconviction motion was properly before the Nebraska Supreme Court.
2. Whether an order granting an evidentiary hearing on some postconviction claims while denying a hearing on others is a final, appealable order as to the denied claims.
3. Whether the one-year limitations period for Koch's postconviction motion began when the Nebraska Court of Appeals issued its mandate or when the district court filed or entered judgment on the mandate.
4. Whether Koch's postconviction motion was time barred under Neb. Rev. Stat. § 29-3001(4)(a).

Disposition

affirmed