State v. Propst

The defendant, Scott T. Propst, appeals the dismissal of his postconviction relief motion by the Douglas County District Court. On appeal, the defendant assigns as error the district judge’s failure to hold an evidentiary hearing before deciding Propst’s motion. We affirm.

A defendant seeking postconviction relief has the burden of establishing a basis for such relief, and findings of the district court denying relief will not be disturbed on appeal unless they are clearly erroneous. Further, when a motion for postconviction relief and the files and records show that a defendant is not…