One-year limitation on post-conviction relief advanced

Senators advanced a bill April 21 that would impose a one-year limitation to bring a motion for post-conviction relief in criminal cases.

LB137, introduced by Omaha Sen. Scott Lautenbaugh, would require that a verified motion for post-conviction relief be filed within one year after the date a judgment of conviction becomes final. Currently, a post-conviction relief motion can be filed at any time.

Lautenbaugh said the bill would eliminate frivolous and abusive post-conviction relief claims while protecting legitimate claims.

A Judiciary Committee amendment would create an exception to the one-year limitation under the bill by providing that the limitation period runs from the latter of the date:
• the judgment of conviction became final by the conclusion of a direct appeal or the expiration of the time for filing a direct appeal;
• on which the factual predicate of the constitutional alleged claims could have been discovered through the exercise of due diligence;
• on which an impediment created by state action, in violation of the federal or state constitutions or laws of Nebraska, is removed if the prisoner was prevented from filing a verified motion by such action; or
• on which the claim was initially recognized by the U.S. Supreme Court or Nebraska Supreme Court if the newly recognized right has been made retroactively applicable to cases on post conviction collateral review.

Those previously convicted could file a motion within one year after the bill’s effective date.

Omaha Sen. Burke Harr spoke in support of the amendment, saying that once a claim has been dismissed, criminals often will come forward with more claims because there is no time limit for filing a claim. The amendment would still grant protections for those who have been wronged, he said, but would prevent criminals from abusing the system.

The amendment passed 38-0 and the bill advanced from general file on a 42-0 vote.