Marie v. State of Nebraska

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

Marie v. State of Nebraska

Case Number
Call Date
January 9, 2019
Court Number
Case Location
Case Summary

S-18-0488 Charlene Marie (Appellant) v. State of Nebraska

Sheridan County District Court, Judge Travis P. O’Gorman

Attorneys: Daniel H. Friedman, Stephen A. Sael (Friedman Law Offices, P.C., L.L.O.) (Appellants) — Danielle Rowley (Attorney General’s Office) (Appellees); Joshua Schwartz (George Washington University Law School), Sarah P. Newell (Nebraska Criminal Defense Attorneys Association), Amy Miller (ACLU of Nebraska Foundation) (Amici Curiae in support of Appellant)

Civil: Nebraska Claims for Wrongful Conviction and Imprisonment Act, Neb. Rev. Stat. § 29-4603; Res judicata

Proceedings Below: The trial court granted the State’s motion to dismiss Appellant’s complaint, with prejudice, after finding that Appellant had not alleged sufficient facts to support her wrongful conviction claim pursuant to Neb. Rev. Stat. § 29-4603 and finding that

Issues: Whether the trial court erred in 1) finding that there were no set of circumstances under which Appellant could prove actual innocence; 2) applying the doctrine of res judicata to preclude a pardoned person from relitigating issues tried in the underlying criminal case; and 3) finding that res judicata applies to issues that may have been litigated in the underlying criminal case.