State v. Russell

Defendant, Earl C. Russell, appeals from the order denying, without an evidentiary hearing, his motion for postconviction relief brought in the district court pursuant to Neb. Rev. Stat. §§ 29-3001 etseq. (Reissue 1989). We affirm.

In an appeal of a postconviction proceeding, “the findings of the district court will not be disturbed unless they are clearly erroneous.” State v. Blank, ante p. 188, 190, 474 N.W.2d 689, 691 (1991). Additionally:

“ ‘A court is not required to grant an evidential hearing on a motion for postconviction relief which alleges only conclusions of law or fact; nor is an…