Thomas v. State

NATURE OF CASE

L.T. Thomas appeals from an order of the Douglas County District Court which denied his request to take depositions in anticipation of a postconviction action.

FACTS

The background of this case is delineated in State v. Thomas, 262 Neb. 985, 637 N.W.2d 632 (2002) (Thomas I), cert. denied 537 U.S. 918, 123 S. Ct. 303, 154 L. Ed. 2d 203. Thomas was convicted of second degree murder, first degree assault, and two counts of use of a firearm to commit a felony. His motions for new trial were overruled, and he was sentenced as a habitual criminal. Thomas’ direct appeal was dismissed by…