State v. Rivers

Colwell, D.J., Retired.

This is a postconviction proceeding under Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1985). Defendant, Robert Earl Rivers, appeals an order denying him an evidentiary hearing and postconviction relief, claiming an evidentiary hearing was required upon his motion that contained factual allegations which, if proved, constituted a violation or infringement of constitutional rights, and citing State v. Malek, 219 Neb. 680, 365 N.W.2d 475 (1985).

We note that a further statement of the Malek rule includes: “When a motion for postconviction relief and the files and records…