State v. Dragon

Nebraska Advance Sheets STATE v. DRAGON 519 Cite as

287 Neb. 519

State of Nebraska, appellee, v. James P. Dragon, appellant. ___ N.W.2d ___ Filed February 21, 2014. No. S-13-386. 1. Postconviction: Appeal and Error. In appeals from postconviction proceedings, an appellate court independently resolves questions of law. 2. Postconviction: Constitutional Law. A trial court’s ruling that the petitioner’s allegations are refuted by the record or are too conclusory to demonstrate a violation of the petitioner’s constitutional rights is not a finding of fact—it is a determination, as a matter of law,…