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July 03, 2021

eBook details

Title: State Nebraska v. James Lee Birdwell
Author : Supreme Court of Nebraska
Release Date : January 10, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

The defendants were convicted of burglary upon pleas of guilty. The convictions were affirmed in State v. Green, 185 Neb.
673, 178 N.W.2d 271, and State v. Birdwell, 185 Neb. 676, 178 N.W.2d 270. Thereafter the defendants filed separate motions
for post conviction relief which were denied on March 22, 1971, without an evidentiary hearing. Since the motions present
identical grounds for relief, we consider the appeals together. The defendants alleged their convictions are void because they were bound over to the district court by an acting county
Judge whose appointment had expired; their waivers of counsel before the acting county Judge were invalid; and the trial court
failed to allow them to examine the presentence report.

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