Fitzgerald v. Fitzgerald

Nebraska Advance Sheets 96 286 NEBRASKA REPORTS appointment of counsel.22 Where the assigned errors in the postconviction petition before the district court are either pro­ cedurally barred or without merit, establishing that the post­ conviction proceeding contained no justiciable issue of law or fact, it is not an abuse of discretion to fail to appoint counsel for an indigent defendant.23 As we have noted, Phelps has not alleged facts sufficient to entitle him to an evidentiary hearing on his postconviction claim, and thus has raised no justiciable issue of law or fact. The district court…