Childs v. Frakes

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Childs v. Frakes

Additional Case Names

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Case Number
Call Date
August 31, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0878, Moses Childs (Appellant) v. Scott Frakes (Appellee)

Appeal from the District Court for Douglas County, Judge W. Russell Bowie

Attorneys:  Moses Childs (self-represented litigant, Appellant) and James A. Campbell (Assistant Attorney General, Appellee)

Civil:  Habeas Corpus; Service

Proceedings below:   The district court dismissed Appellant’s Petition for Writ of Habeas Corpus on the basis that Appellant did not serve his habeas petition on Appellee within 180 days of filing.  On its own motion, the Nebraska Supreme Court ordered this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues:  Appellant asserts the following assignment of error:  the district court erred in dismissing Appellant’s Petition for Writ of Habeas Corpus without an evidentiary hearing in that Appellant has alleged facts which, if true, entitles him to habeas corpus relief, the dismissal pursuant to Neb. Rev. Stat. § 25-217 is an abuse of discretion requiring reversal. 

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