State v. Ortiz

NATURE OF CASE

On February 13, 1971, Lawrence J. Ortiz was convicted of murder in the first degree and sentenced to life imprisonment by the Buffalo County District Court. This appeal involves the district court’s denial of Ortiz’ third motion for postconviction relief.

SCOPE OF REVIEW

On appeal from a proceeding for postconviction relief, the trial court’s findings of fact will be upheld unless such findings are clearly erroneous. State v. Narcisse, 264 Neb. 160, 646 N.W.2d 583 (2002).

Whether a claim raised in a postconviction proceeding is procedurally barred is a question of law. State v.…