State v. Peery

The defendant filed a motion for post conviction relief seeking to vacate and set aside a sentence of death on the ground that the judgment was void or voidable under the Constitution of this state or of the United States. The District Court denied defendant’s request for an evidentiary hearing, and found that the motion and the files and records of the case show that the defendant is entitled to no relief, and overruled the motion.

The defendant was found guilty by a jury on two counts, murder in the first degree and robbery. A three-judge sentencing panel sentenced the defendant to death on…