One-year limitation imposed on post-conviction relief

Senators gave final approval May 5 to a bill that imposes a one-year limitation on motions for post-conviction relief in criminal cases.

LB137, introduced by Omaha Sen. Scott Lautenbaugh, requires 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.

The bill creates an exception to the one-year limitation 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 claims alleged 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.

The bill passed on a 45-0 vote.