State v. Niemann

The defendant was originally charged with first degree murder and pled guilty to a reduced charge of second degree murder. The District Court sentenced the defendant to an indefinite term of 20 years to life imprisonment in the Nebraska Penal and Correctional Complex. No appeal was taken. On November 22, 1971, the defendant sought relief under the Post Conviction Act by filing a motion to vacate and set aside. After a hearing, the defendant’s request for post conviction relief was denied. No appeal from this decision was taken. On May 19, 1975, the defendant sought post conviction relief a…