Marteney v. State

This is an appeal from an order of the District Court for Pawnee County which denied Herbert H. Marteney post conviction relief. We affirm.

Petitioner Marteney was charged with first degree murder as a result of the August 16, 1978, shooting death of Lynn A. Meier. Pursuant to a plea bargain, Marteney pleaded guilty to second degree murder and was sentenced to a term of imprisonment of 12 years. Although he had been represented by counsel at all stages up through sentencing, no direct appeal was ever filed. Instead, petitioner filed, pro se, a petition for post conviction relief which was…