State v. Peery

Following a jury trial, defendant, Wesley H. Peery, was adjudged guilty of murder in the first degree and the robbery of a coin shop. He was thereafter sentenced to death on the murder charge and to a consecutive sentence of not less than 16 nor more than 50 years on the robbery charge. Those convictions and sentences were affirmed by this court in State v. Peery, 199 Neb. 656, 261 N.W.2d 95 (1977), cert. denied 439 U.S. 882, 99 S. Ct. 220, 58 L. Ed. 2d 194 (1978) (Peery I). Thereafter, Peery filed a motion for a new trial based upon the discovery of evidence claimed to be new, the denial of…