Legal Opinion
State v. Moore
Nebraska Supreme Court
Decided May 18, 1973No. 38882PublishedCited by 3 opinions
1Opinion of the CourtNewton, J.
This is a post conviction proceeding. Defendant was convicted on March 1, 1963, of breaking and entering. The present motion to vacate the judgment and sentence asserts that defendant’s sentence has been served. The sole ground alleged is that defendant, an indigent, was not represented by counsel at the time of his preliminary hearing. The judgment is affirmed.
In the case of State v. Myles, 187 Neb. 105, 187 N. W. 2d 584, this court gave recognition to the ruling in Sibron v. New York, 392 U. S. 40, 88 S. Ct. 1889, 20 L. Ed. 2d 917, that an appeal was not necessarily moot because the…
2Cases cited5 opinions
- Sibron v. New YorkSupreme Court of the United States · 1968
- Coleman v. AlabamaSupreme Court of the United States · 1970
- Adams v. IllinoisSupreme Court of the United States · 1972
- United States Ex Rel. Raymond Myers v. Robert G. Smith, Warden, Vermont State Prison, and the State of VermontCourt of Appeals for the Second Circuit · 1971
- State v. MylesNebraska Supreme Court · 1971
3Cited by3 opinions
- Sampson v. StateNorth Dakota Supreme Court · 1993
- State v. OliverNebraska Supreme Court · 1989
- State v. OliverNebraska Supreme Court · 1989