Legal Opinion

State v. Rivera

Nebraska Supreme Court

Decided February 9, 1977No. 40929PublishedCited by 2 opinions

1Opinion of the CourtSpencer, J.

Defendant, Joe Mario Rivera, appeals from the over ruling of his motion for post conviction relief after an evidentiary hearing. The issue presented was whether the indeterminate sentence imposed on defendant was erroneous. We affirm.

On December 10, 1970, defendant was sentenced to a term of 15 to 25 years in the Nebraska Penal and Correctional Complex. He had been convicted of second-degree murder after a jury trial. Defendant waived his right to appeal and was committed to the Penal Complex.

On April 26, 1976, defendant filed a motion for post conviction relief, urging the invalidity of the…

2Cases cited2 opinions

  1. State v. SuggettNebraska Supreme Court · 1973
  2. State v. DeLoaNebraska Supreme Court · 1975

3Cited by2 opinions

  1. Max A. Niemann v. Robert Parratt, Warden of the Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1979
  2. Ronald Dean Murray v. Jack Cowley, Warden and Attorney General, State of OklahomaCourt of Appeals for the Tenth Circuit · 1990

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