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STATE v. PHELPS

No. S-12-1021.

834 N.W.2d 786 (2013)

286 Neb. 89

STATE of Nebraska, appellee, v. David C. PHELPS, appellant.

Supreme Court of Nebraska.

Filed June 14, 2013.

Attorney(s) appearing for the Case

Melissa A. Wentling , Madison County Public Defender, and Kyle Melia for appellant.

Jon Bruning , Attorney General, and James D. Smith for appellee.

WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and CASSEL, JJ., and IRWIN, Judge.

STEPHAN, J.

David C. Phelps appeals from an order finding his motion for postconviction relief should be denied without an evidentiary hearing. Because we conclude that Phelps' motion failed to allege sufficient facts which, if proved, would entitle him to postconviction relief, we affirm the judgment of the district court.

BACKGROUND

Phelps was convicted of kidnapping in the 1987 disappearance of 9-year-old Jill Cutshall, and he was sentenced to...

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