Joseph J. Buttercase v. Nebraska
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence?
QUESTIONS ‘PRESENTED Due to Nebraska law governing procedures for postconviction relief being inconsistent with traditional principles of fundamental fairness, the vast majority of Nebraska prisoners fail to obtain proper testing by the state courts of constitutional issues of the most numerous and important types, in turn, prisoners usually do not receive any fact hearings on their allegations. In light of the foregoing, this petition presents the following: 1. Whether there is a federal constitutional right for a prisoner to be released upon proof of actual innocence? 2. Whether the state-law procedures for postconviction relief in Nebraska : are constitutionally inadequate in the hearing and determination of claims from prisoners of violation of federal constitutional guarantees? 3. Whether a pro se postconviction relief movant in Nebraska should be held to the same standard as one who is represented by counsel? i