Nebraska Supreme Court

State v. Blake

January 28, 2022310 Neb. 769

Summary

The court held that it had jurisdiction over Blake’s new direct appeal because his notice of appeal and in forma pauperis materials were timely filed and the staleness of the poverty affidavit was not jurisdictional, particularly where the State did not object below. It affirmed Blake’s conviction and sentence, concluding that the sentence was within statutory limits and was not an abuse of discretion. It vacated the portion of the postconviction order prematurely denying unrelated ineffective-assistance claims and held that the sentencing claims were refuted by the record, the witness-investigation claim was preserved for postconviction review, and the motion-related claim was insufficiently alleged.