State v. Branch

Nebraska Advance Sheets STATE v. BRANCH 83 Cite as

286 Neb. 83

district court will not be disturbed unless they are clearly erroneous. State v. Robinson, 285 Neb. 394,

827 N.W.2d 292

(2013). “The entry of filing by the clerk is the best evidence of the date of filing and is presumed to be correct until the contrary is shown.” State v. Hess, 261 Neb. 368, 377-78,

622 N.W.2d 891, 901

(2001). The district court’s finding that Smith filed his motion outside the 1-year period was not clearly erroneous. VI. CONCLUSION The district court did not err in denying postconviction relief without an evidentiary…