(Download) "State v. Maske" by In the Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Maske
- Author : In the Supreme Court of North Carolina
- Release Date : January 06, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Following a jury trial, defendant, Wesley H. Peery, was adJudged guilty of murder in the first degree and the robbery of a coin shop. He was thereafter sentenced to death on the murder charge and to a consecutive sentence of not less than 16 nor more than 50 years on the robbery charge. Those convictions and sentences were affirmed by this court in State v. Peery, 199 Neb. 656, 261 N.W.2d 95 (1977), cert. denied 439 U.S. 882, 99 S. Ct. 220, 58 L. Ed. 2d 194 (1978) (Peery I). Thereafter, Peery filed a motion for a new trial based upon the discovery of evidence claimed to be new, the denial of which was affirmed in State v. Peery, 205 Neb. 271, 287 N.W.2d 71 (1980) (Peery II). Peery then filed a motion for postconviction relief, the denial of which was affirmed in State v. Peery, 208 Neb. 639, 305 N.W.2d 354 (1981), cert. denied 454 U.S. 882, 102 S. Ct. 369, 70 L. Ed. 2d 194 (Peery III). Following dismissal of Peerys action for relief in the U.S. District Court for the District of Nebraska in order that he might first exhaust his state remedies, he filed this second postconviction action seeking to vacate and set aside his "sentence and conviction." He was again denied relief by the district court, and this fourth appeal to this court was taken. For the reasons hereinafter discussed we affirm.
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