State v. Poe

- 60 - Nebraska A dvance Sheets 292 Nebraska R eports STATE v. POE Cite as

292 Neb. 60

State of Nebraska, appellee, v. Ryan L. Poe, appellant. ___ N.W.2d ___ Filed November 6, 2015. No. S-14-1106. 1. Postconviction: Evidence. In an evidentiary hearing on a motion for postconviction relief, the trial judge, as the trier of fact, resolves con- flicts in the evidence and questions of fact. 2. Postconviction: Evidence: Appeal and Error. An appellate court upholds the trial court’s findings in an evidentiary hearing on a motion for postconviction relief unless the findings are clearly erroneous. An…