State v. Armstrong

Nebraska Advance Sheets STATE v. ARMSTRONG 991 Cite as

290 Neb. 991

State of Nebraska, appellant, v. Philip A. Armstrong, appellee. ___ N.W.2d ___ Filed May 29, 2015. No. S-14-339. 1. Postconviction: Evidence: Witnesses: Appeal and Error. In an evidentiary hearing, as a bench trial provided by

Neb. Rev. Stat. § 29-3001

et seq. (Reissue 2008 & Cum. Supp. 2014) for postconviction relief, the trial judge, as the trier of fact, resolves conflicts in evidence and questions of fact, including witness cred- ibility and weight to be given a witness’ testimony. In an appeal involving such a proceeding for…