S-12-0215, State v. Michael W. Ryan (Appellant)
Richardson County, Judge Daniel E. Bryan, Jr.
Attorneys: James R. Mowbray, Robert W. Kortus (Nebraska Commission on Public Advocacy)(Appellant) --- James D. Smith (Attorney General’s Office)
Civil: Postconviction; death penalty
Proceedings below: Appellant’s conviction and sentence of death was affirmed by the Nebraska Supreme Court in State v. Ryan, 233 Neb. 74 (1989). The Appellant’s motion for postconviction relief was filed on February 12, 2012. On February 23, 2012, this Court entered a stay of execution and withdrew the pending execution warrant. The trial court denied postconviction relief without an evidentiary hearing. The Nebraska Supreme Court ordered additional briefing based on the issuance of Cook v. Food & Drug Admin., 12-5176, 2013 WL 3799987 (D.C. Cir., July 23, 2013).
Issues: The district court erred in dismissing the motion for postconviction relief on jurisdictional grounds.