Nebraska Supreme Court

State v. Kellogg

May 29, 2026321 Neb. 502

Summary

The court affirmed the denial of Kellogg’s motion for postconviction relief without an evidentiary hearing. It held that Kellogg’s allegations of possible mental illness and family mental-health history did not show a reasonable probability that he was incompetent when he pleaded guilty or that a competency hearing would have resulted in a finding of incompetence. The court also held that the district court did not abuse its discretion by declining to appoint postconviction counsel because the petition presented no justiciable issue.