State v. Sims

This is an appeal in a post conviction proceeding brought pursuant to Neb. Rev. Stat. § 29-3001 (Reissue 1979).

The defendant, Ernest Sims, was convicted in August 1975 of the unlawful possession with intent to deliver heroin and was sentenced to a term of 3 to 10 years’ imprisonment. The judgment was affirmed by this court on September 16, 1977.

In this action the defendant seeks post conviction relief to vacate the conviction and sentence on the ground that the no-knock search warrant issued upon the affidavit of police officer Leonard Smith, and which led to the discovery of heroin at the de…