State v. Smith

NATURE OF CASE

Scott L. Smith appeals from the trial court’s dismissal, without an evidentiary hearing, of his motion for postconviction relief.

SCOPE OF REVIEW

A defendant requesting postconviction relief must establish the basis for such relief, and the findings of the district court will not be disturbed unless they are clearly erroneous. State v. Diner, 255 Neb. 696, 587 N.W.2d 73 (1998).

BACKGROUND

Smith was convicted in 1991 of the first degree murder of his mother, Linda D. Smith; the first degree murder of his sister, Amy Smith; and the attempted first degree murder of his father, Lynn…