Osborn v. State

HARRIS, Justice.

This appeal from a district court decree denying postconvietion relief presents a classic conflict between two basic rights. One is the fundamental constitutional right to a fair trial. Under the facts here a claim that this right was violated is confronted by society’s right to finality in criminal prosecutions. We find that the postconvietion plaintiff waived his present fair-trial challenge by not raising it during his prior direct appeal. We affirm.

Jerry Lee Osborn, the postconvietion plaintiff, was convicted following a bench trial of first-degree kidnapping, attempted…