State v. Mata

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State v. Mata

Case Number
Call Date
August 27, 2019
Case Time
9:00 AM
Court Number
Scotts Bluff
Case Location
Court Type
District Court
Case Summary

S-18-0740 State of Nebraska v. Raymond Mata, Jr. (Appellant)

Scotts Bluff County District Court, Judge Leo Dobrovolny

Attorneys: Bernard J. Straetker (Scotts Bluff County Public Defenders’ Office, for Appellant) – Douglas J. Peterson (Office of the Attorney General), James D. Smith (Solicitor General) for Appellee – Robert F. Bartle (Bartle & Geier), Anne C. Reddy, Keith Hammeran, Tom Lemon (Greenberg Traurig, L.L.P.) (Amici Curiae for former Nebraska Justices and Judges) – Tracy Hightower-Henne (Hightower Reff), G. Michael Fenner (Creighton Univ. School of Law), Kevin Barry (Quinnipiac Univ. School of Law) (Amici Curiae for Legal Scholars) – Brian William Stull (American Civil Liberties Union Foundation), Amy A. Miller (ACLU of Nebraska Foundation) (Amici Curiae of ACLU)  

Civil: Postconviction relief; First degree murder; Kidnapping

Proceedings Below:  The trial court dismissed with prejudice each of the Appellant’s claims as set out in his verified petition for post-conviction relief.  

Issues:  Whether the trial court committed reversible error in 1) overruling claim one of the Appellant’s second amended verified petition for postconviction relief on substantive grounds; 2) overruling claim five of the defendant’s second amended verified petition for postconviction relief; 3) finding that the Appellant’s claim for postconviction relief was untimely; and 4) finding that the constitutional claims set out in claims eight, nine and ten of Appellant’s second amended verified petition for postconviction relief was untimely filed and there was not a constitutional basis for the reasons supporting the Appellant’s claims.

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