State v. Sims
291 Neb. 475
| Neb. | 2015Background
- Michael J. Sims, convicted in 1998 of first-degree murder, attempted first-degree murder, and related weapon offenses; convictions affirmed on direct appeal.
- Sims filed multiple postconviction motions; his third motion (filed June 12, 2014) was denied by the district court without an evidentiary hearing.
- Sims appealed the denial of postconviction relief (appeal No. S-14-931) and moved to proceed in forma pauperis (IFP) for that appeal; the district court denied IFP status on its own motion.
- Sims separately appealed the denial of IFP (appeal No. S-14-1073); that appeal challenged only the district court’s refusal to grant IFP for S-14-931.
- At the time of the IFP application, the record showed Sims had roughly $4,800 in his prison account and work earnings; the district court relied on those funds and the federal poverty line to deny IFP.
- The Supreme Court of Nebraska reviewed the denial of IFP de novo, affirmed the denial in S-14-1073, and held S-14-931 in abeyance while giving Sims 30 days to pay the docket fee or face dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying IFP for Sims’ appeal of postconviction denial | Sims: his effective pay is reduced (claims most wages go to victims) and he falls below the poverty line, so IFP should be granted | State/District Court: Sims had sufficient funds (~$4,800 plus prison wages) and thus is not indigent under § 25-2301.02 | Court affirmed denial of IFP—Sims had sufficient funds and district court did not err |
| Whether a hearing was required before denying IFP where court objects that applicant has sufficient funds | Sims: did not contest absence of hearing on appeal | State: district court indicated a hearing occurred; if no hearing, appellant may request transcript but did not do so | Court accepted district court’s written findings; reviewed record and application documents and did not find procedural error |
| Whether federal poverty line must control IFP eligibility | Sims: urged use of federal poverty line as dispositive | State: no authority requiring use of federal poverty line; court may consider it among factors | Court held no requirement to use federal poverty line and district court’s reliance on it was not reversible error |
| Whether the appeal on the merits (S-14-931) proceeds despite IFP denial | Sims: sought to proceed without paying docket fee | State: statutory rule requires deposit of docket fee to perfect appeal unless IFP granted | Court held appeal S-14-931 will be held in submission and Sims has 30 days from mandate to pay docket fee or appeal will be dismissed |
Key Cases Cited
- State v. Sims, 258 Neb. 357 (Neb. 1999) (prior direct-appeal opinion affirming convictions)
- State v. Sims, 272 Neb. 811 (Neb. 2006) (prior postconviction litigation decision)
- State v. Sims, 277 Neb. 192 (Neb. 2009) (prior postconviction litigation decision)