State v. Spady

NATURE OF CASE

Phillip J. Spady filed a motion to set aside his conviction pursuant to Neb. Rev. Stat. § 29-2264 (Cum. Supp. 2000). The Platte County Court held that the statute is unconstitutional and denied the motion. Spady appealed to the Platte County District Court, which affirmed the county court’s determination. Spady appeals. The issue presented is whether § 29-2264 is in violation of Neb. Const, art. II, § 1, the separation of powers clause.

SCOPE OF REVIEW

Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a…