State v. McNitt

The appellant, Michael McNitt, appeals from an order entered by the district court for Hall County, Nebraska, denying McNitt post conviction relief. McNitt filed a petition seeking a writ of habeas corpus, but, as noted by the trial court, the application for a writ of habeas corpus was misplaced. A writ of habeas corpus is not available to persons lawfully convicted if the court imposing the sentence had jurisdiction of the offense and of the person charged with the crime and if the sentence was within the power of the court. See, Pruitt v. Parratt, 197 Neb. 854, 251 N.W.2d 179 (1977); Case…