State v. Weathers
30 Neb. Ct. App. 189
| Neb. Ct. App. | 2021Background
- Brandon J. Weathers was convicted of two felonies in 2015; his convictions and sentences were affirmed on direct appeal.
- He filed a postconviction motion that the district court denied; that denial was affirmed on appeal.
- In January 2021, Weathers filed a pro se "Motion to Vacate Sentences and Conviction" in the original criminal case, invoking Neb. Rev. Stat. § 25-2001 (a civil-judgment vacation statute) and alleging a Sixth Amendment right-to-counsel violation.
- The district court, noting Weathers’ prior appeals and postconviction filings, denied the § 25-2001 motion as frivolous without a hearing and denied in forma pauperis status.
- On appeal, the Court of Appeals considered whether it had jurisdiction to review a collateral attack on final criminal convictions brought outside the Nebraska Postconviction Act and concluded the Postconviction Act provides the sole remedy for such constitutional collateral attacks.
- Because the motion sought collateral relief cognizable under the Postconviction Act and was not filed under that Act, the district court (and thus the appellate court) lacked jurisdiction; the appeal was dismissed.
Issues
| Issue | Weathers' Argument | State's Argument | Held |
|---|---|---|---|
| Whether the district court had jurisdiction to consider a § 25-2001 motion to vacate final criminal convictions alleging a Sixth Amendment violation | Motion was filed under § 25-2001 (civil procedure) and thus was a proper vehicle to vacate the judgment | Collateral attacks asserting constitutional claims must be brought under the Nebraska Postconviction Act; § 25-2001 is not the proper avenue, so the court lacked jurisdiction | The Postconviction Act is the sole remedy for collateral constitutional attacks on final criminal judgments; district court lacked jurisdiction and the appeal was dismissed |
Key Cases Cited
- State v. Smith, 288 Neb. 797, 851 N.W.2d 665 (2014) (Postconviction Act is the primary and exclusive procedure for collateral constitutional attacks on final criminal judgments)
- State v. Dunster, 270 Neb. 773, 707 N.W.2d 412 (2005) (court lacked jurisdiction over motion to vacate criminal sentence not brought under postconviction statutes)
- State v. Reames, 308 Neb. 361, 953 N.W.2d 807 (2021) (appellate courts independently must determine whether they have jurisdiction over an appeal)