Johnson v. Gunter

Wilbert Johnson, appearing pro se, appeals from an order of the Lincoln County District Court denying his petition for ha-beas corpus relief which sought release from confinement on the basis that his 1985 conviction as an habitual criminal is void. Johnson, who is incarcerated in the Limón Correctional Facility in Lincoln County, asserts that the district court erred in concluding that his claims could not be raised in a petition for writ of habeas corpus, but rather, that they must be raised either on direct appeal or by a Crim.P. 35(c) motion for relief from judgment. For the reasons…