544 N.W.2d 102 (Neb. 1996), S-95-337, State v. Parmar

Docket NºS-95-337.
Citation544 N.W.2d 102, 249 Neb. 462
Opinion JudgeFAHRNBRUCH, J.
Party NameSTATE of Nebraska, Appellee, v. LeRoy J. PARMAR, Appellant.
AttorneyMark A. Weber and Scott A. Calkins, of Walentine, O'Toole, McQuillan & Gordon, for appellant. Don Stenberg, Attorney General, and Mark D. Starr for appellee.
Case DateMarch 01, 1996
CourtSupreme Court of Nebraska

Page 102

544 N.W.2d 102 (Neb. 1996)

249 Neb. 462

STATE of Nebraska, Appellee,

v.

LeRoy J. PARMAR, Appellant.

No. S-95-337.

Supreme Court of Nebraska.

March 1, 1996

Page 103

Syllabus by the Court

1. Postconviction: Proof. A defendant in a postconviction proceeding must allege facts which, if proved, constitute a denial or violation of his or her rights under the Nebraska or U.S. Constitution.

2. Postconviction: Proof: Appeal and Error. A criminal defendant seeking postconviction relief has the burden of establishing a basis for such relief, and the findings of the district court will not be disturbed unless clearly erroneous.

3. Postconviction. An evidentiary hearing may be denied on a motion for postconviction relief when the records and files affirmatively show that the defendant is entitled to no relief.

4. Postconviction: Right to Counsel. Under the Nebraska Postconviction Act, it is within the discretion of the trial court as to whether counsel shall be appointed to represent the defendant.

5. Trial: Words and Phrases. Judicial abuse of discretion means that the reasons or rulings of the trial court are clearly untenable, unfairly depriving a litigant of a substantial right, and denying a just result in matters submitted for disposition.

6. Postconviction: Proof. An evidentiary hearing on a postconviction motion is required on an appropriate motion containing factual allegations which, if proved, constitute an infringement of the movant's rights under the Nebraska or federal Constitution.

7. Postconviction. A court is not required to grant an evidentiary hearing on a motion for postconviction relief which does not contain sufficient factual allegations concerning a denial or violation of constitutional rights.

8. Postconviction: Right to Counsel. A district court may appoint competent and effective counsel in postconviction proceedings. However, the State is not required to supply the inmate a lawyer in postconviction proceedings.

9. Criminal Law: Right to Counsel. A criminal defendant has the right to represent himself.

Appeal from the District Court for Douglas County; Stephen A. Davis, Judge. Affirmed.

Mark A. Weber and Scott A. Calkins, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellant.

Page 104

Don Stenberg, Attorney General, and Mark D. Starr, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

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