In re Interest of Gabriella H.

Nebraska Advance Sheets IN RE INTEREST OF GABRIELLA H. 323 Cite as

289 Neb. 323

determining whether an evidentiary hearing is warranted, which are set forth above. As we have noted, Wetherell has not alleged facts sufficient to entitle her to an evidentiary hearing on her postconviction claim and the records and files show that she is entitled to no relief. Wetherell has raised no justiciable issue of law or fact, and therefore, the district court did not abuse its discretion when it did not appoint counsel. CONCLUSION The relief afforded in Miller and resulting resentencing under § 28-105.02…