State v. Phelps

Nebraska Advance Sheets STATE v. PHELPS 89 Cite as

286 Neb. 89

State of Nebraska, appellee, v. David C. Phelps, appellant. ___ N.W.2d ___ Filed June 14, 2013. No. S-12-1021. 1. Postconviction: Constitutional Law: Appeal and Error. In appeals from post­ conviction proceedings, an appellate court reviews de novo a determination that the defendant failed to allege sufficient facts to demonstrate a violation of his or her constitutional rights or that the record and files affirmatively show that the defendant is entitled to no relief. 2. Postconviction: Appeal and Error. Whether a claim raised in a…