State v. Burries, 969 N.W.2d 96

Anthony L. Burries was convicted of first-degree murder in 2015 and sentenced to life; direct appeal affirmed.
Burries (with posttrial counsel) filed a verified motion for postconviction relief in August 2018; the State moved to dismiss.
While represented, Burries later filed a 655‑page pro se “Second Amended Motion for Postconviction Relief”; counsel was allowed to withdraw and Burries proceeded pro se.
After counsel withdrew, Burries moved for a default judgment when the State did not file a brief; the district court denied the default motion.
The court later granted leave to file a third amended motion, Burries did not timely file one, and the court overruled/dismissed his second amended motion.
Burries appealed, arguing (1) denial of default judgment, (2) denial of opportunity to be heard on that motion, and (3) erroneous dismissal of his second amended postconviction motion; the Nebraska Supreme Court affirmed.

Issue	Plaintiff's Argument (Burries)	Defendant's Argument (State)	Held
Whether denial of default judgment was error after the State failed to file a brief	State’s failure to respond constituted withdrawal/concession → default judgment required	The Postconviction Act does not permit entry of a default judgment; State had no duty to respond before court notice	Affirmed. Postconviction Act does not authorize default judgments; denial proper
Whether Burries was denied an opportunity to be heard on the default motion	He was not given a hearing on his default motion	No reversible error; court properly handled the motion	Affirmed. No merit to denial-of-hearing claim
Whether dismissal of the second amended postconviction motion was error	The motion raised meritorious ineffective‑assistance and other claims and should not have been dismissed	Dismissal justified because (inter alia) Burries’ operative second amended motion was not a verified petition as § 29‑3001 requires	Affirmed. Failure to file a verified motion is a sufficient, independent ground to dismiss; earlier verified pleadings do not save an unverified amended pleading

State v. Britt, 308 Neb. 69, 963 N.W.2d 533 (2021) (Nebraska Postconviction Act does not authorize entry of default judgment)
State v. Munoz, 309 Neb. 285, 959 N.W.2d 806 (2021) (standard of review: questions of law reviewed de novo)
State v. Crawford, 291 Neb. 362, 865 N.W.2d 360 (2015) (held earlier verified pleadings might be sufficient—disapproved to that extent by this opinion)
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020) (discussion of meaning of "verified" vs "acknowledgment")
State v. Amaya, 298 Neb. 70, 902 N.W.2d 675 (2017) (trial court may sua sponte resolve timeliness during preliminary review)
In re Interest of L.D., 224 Neb. 249, 398 N.W.2d 91 (1986) (ordinary waiver rule: failure to object to lack of verification waives defect)
State v. Billingsley, 309 Neb. 616, 961 N.W.2d 539 (2021) (correct‑result rule: affirmance is proper even if lower court relied on different reasoning)