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Boppre case for new trial hits snag; April hearing date set

Boppre case for new trial hits snag; April hearing date set

The man convicted for the 1988 double murder of Sharon Condon and Richard Valdez will have to wait a while longer to see he can get a new trial.

Jeff Boppre had a hearing Monday in Scotts Bluff County District Court on the matter, but prosecuting attorney’s said there could be a conflict. Currently, Boppre has a motion for Post Conviction Relief and a motion for a new trial.

Special Prosecutor Doug Warner filed several responses to Boppre’s motions, including:

  • Post conviction relief is cumulative and not intended to be concurrent to any other existing remedy
  • Defendant can’t pursue post conviction relief simultaneously with claimed relief
  • Claims in motion for new trail pursuant to section 29-2101 barred because they are procedural changes, and not applicable to cases that were final at the time of any amendments
  • Claims for relief for newly discovered evidence based on DNA results have been previously determined as the issue was resolved by the Court sustaining the State’s Motion to Dismiss in December- no appeal was taken from said ruling
  • Defendant failed to allege facts entitling a new trial
  • Motion for post conviction relief and motion for new trial are separate and distinct remedies, and must be alleged in separate filings so court can conduct the analysis
  • Allegations for relief under the Post Conviction Act are time barred and procedurally barred
  • Allegations for relief under the Post Conviction Act do not state a claim for relief

Following Monday’s hearing, District Judge Andrea Miller requested briefs on the matter from both the defense and the prosecution. An April 24th hearing has been scheduled to determine whether to proceed on one or both of Boppre’s motions at a time.

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