State v. Blair

Cassel, Judge.

INTRODUCTION

The State of Nebraska appeals from an order of the district court for Douglas County granting postconviction relief, consisting of a new trial, to Steven R. Blair. The State filed a notice of appeal 2 days after the district court entered its order, and 5 days later, Blair filed a motion to alter or amend the judgment. Because under these circumstances, Neb. Rev. Stat. § 25-1912(3) (Cum. Supp. 2004) declares that the State’s notice of appeal “shall have no effect” and requires that a new notice of appeal be filed within the prescribed time after the entry of an order…