State v. Boyer, 84-946
| Decision Date | 28 June 1985 |
| Docket Number | No. 84-946,84-946 |
| Citation | 220 Neb. 312,369 N.W.2d 644 |
| Parties | STATE of Nebraska, Appellee, v. William R. BOYER, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Post Conviction: Appeal and Error. Post conviction relief may not be used for the purpose of securing another review of issues which were raised on direct appeal.
2. Criminal Law: Sentences: Homicide. Imprisonment for life is the minimum penalty for first degree murder.
William R. Boyer, pro se.
Robert M. Spire, Atty. Gen., and Terry R. Schaaf, Asst. Atty. Gen., for appellee.
Defendant, William R. Boyer, appeals from the denial of relief sought under the Nebraska Post Conviction Act, Neb.Rev.Stat. §§ 29-3001 et seq. (Reissue 1979). He asserts as errors the trial court's failure to find (1) that the evidence does not support a finding of guilt for first degree murder and (2) that the sentence is excessive. We affirm.
Following a jury trial, Boyer was adjudged guilty of the first degree murder of his mother under the circumstances set forth in State v. Boyer, 211 Neb. 139, 318 N.W.2d 60 (1982), and was sentenced to imprisonment for life. This court affirmed the judgment and sentence of the trial court. He has since filed two motions for post conviction relief, both of which were dismissed by the district court and both of which constitute the subject of this appeal. Boyer argues the evidence establishes he was guilty only of manslaughter, not first degree murder, and that his sentence is excessive for the crime he committed.
One of the errors assigned in his direct appeal was that the evidence was insufficient to allow submission of the question of guilt to the jury. We held the evidence was such that the jury "could conclude the defendant was lying in wait and therefore planned to kill his mother," and was sufficient to support the conviction. Id. at 148, 318 N.W.2d at 65. Consequently, Boyer is forever barred from presenting an encore performance of the song that the evidence does not support a finding that he committed murder in the first degree.
As has been stated before, " " State v. Casper, 219 Neb. 641, 643, 365 N.W.2d 451, 453 (1985), quoting State v. Hochstein, 216 Neb. 515, 344 N.W.2d 469 (1...
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...the court again denied the motion. Boyer appealed to the Nebraska Supreme Court, which affirmed the district court. State v. Boyer, 220 Neb. 312, 369 N.W.2d 644 (1985).1 In his federal petition, Boyer raises a number of constitutional claims, including: (1) the evidence was insufficient to ......
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