State v. Huggins, 291 Neb. 443

Huggins pleaded no contest to second-degree murder in 2011 and received 40–40 years.
Direct appeal decided by Court of Appeals on July 24, 2012; mandate issued Sept. 17, 2012; no certiorari petition filed.
Huggins filed pro se postconviction relief on Nov. 27, 2013.
Postconviction motion challenged as untimely under Neb. Rev. Stat. § 29-3001(4).
District court dismissed as untimely, holding mandate date started the 1-year clock and tolling did not apply.
Huggins argued for later start (certiorari period) or tolling during federal custody; court rejected both.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does § 29-3001(4)(a) begin running?	Huggins argues finality occurs after certiorari period.	State argues finality upon mandate issuance.	Mandate issuance marks finality; 1-year clock begins Sept. 17, 2012.
Is tolling available for federal custody in Nebraska postconviction timing?	Equitable tolling should apply for federal custody period.	Statute does not toll for release into state custody; no tolling here.	Equitable tolling not applicable under facts; no tolling for federal custody.
Was the motion timely under the 1-year period starting Sept. 17, 2012?	Motion filed within 1 year of release into Nebraska custody.	Filed more than 1 year after mandate; untimely.	Untimely filed; district court's dismissal affirmed.

Gonzalez v. Thaler, 132 S. Ct. 641 (U.S. 2012) (finality for habeas timing differs from Nebraska postconviction statute)
Holland v. Florida, 560 U.S. 631 (U.S. 2010) (equitable tolling requires diligence and extraordinary circumstance)
Lotter v. State, 266 Neb. 245 (2003) (federal rules not controlling for Nebraska finality)