Kerns v. Grammer

The court below sustained the demurrer of appellee, Gary Grammer, warden at the Nebraska Penal and Correctional Complex, denied the motion of appellant, Sandy Patrick Kerns, Sr., to amend his petition “to present action as both habeas corpus and post conviction,” and dismissed Kerns’ petition, which sought a writ of habeas corpus. Kerns’ 10 assignments of error merge to question the (1) denial of his motion to amend, (2) determination that the rule enunciated in State v. Ellis, 214 Neb. 172, 333 N.W.2d 391 (1983), was not applicable to him, and (3) failure to hold the Nebraska habitual…