State v. Boeggeman, 316 Neb. 581

Joseph C. Boeggeman pleaded no contest in Nebraska to sexual assault charges while serving an unrelated sentence in Massachusetts.
The Nebraska sentencing hearing and the written order left unclear whether his Nebraska sentences were to run concurrent with or consecutive to his Massachusetts sentence.
Boeggeman was returned to Massachusetts before his appeal time expired. He was later held in Massachusetts for civil commitment after his sentence ended.
In 2020, after release from Massachusetts, Boeggeman filed a Nebraska postconviction motion to vacate or modify his sentence, alleging ineffective assistance of counsel for failure to appeal and ambiguity in his sentence.
The trial court denied relief without an evidentiary hearing, holding the petition was untimely under Nebraska's 1-year postconviction limitation statute.
On appeal, Boeggeman argued the limitation should be tolled due to his out-of-state custody/jurisdictional barrier and raised other constitutional claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of postconviction motion	Should be equitably tolled due to out-of-state custody/jurisdiction	No tolling; statute doesn't allow it; motion untimely	No equitable tolling; motion untimely
Ambiguity/clarity of sentencing order	Trial court failed to clarify sentence concurrency	Issue could have been raised on direct appeal, so is procedurally barred	Procedurally barred; judge's authority outlined
Ineffective assistance for appeal not filed	Counsel failed to file appeal as directed	Claim untimely; insufficiently pled	Insufficient facts; not entitled to relief
Consideration of supplemental/amended filings	Court erred not considering supplemental facts	Supplement irrelevant since primary motion time barred	No abuse of discretion; facts immaterial to judgment

State v. Mata, 304 Neb. 326 (explains equitable tolling doctrine in Nebraska context)
State v. Hill, 310 Neb. 647 (addresses 1-year limitations and equitable tolling for postconviction relief)
State v. Huggins, 291 Neb. 443 (discusses potential for equitable tolling under certain circumstances)
State v. Harper, 233 Neb. 841 (district court lacks jurisdiction over postconviction if person not in Nebraska custody)