A 38-year-old inmate serving a 35-40 year prison term for his 2014 Scotts Bluff County convictions for sexually assaulting a child has lost his latest appeal.
Maxiliamo Cano-Samayoa claims that the district court erred in refusing to grant his request for an evidentiary hearing and his motion for postconviction relief.
In Tuesdays ruling, the Nebraska Supreme Court stated that Cano- Samayoa simply claimed that his trial was unfair due the actions or
inactions of his counsel and that his constitutional rights were violated. In turn, the judges found no error in the district court’s determination that he failed to assert facts sufficient to demonstrate a violation of his constitutional rights and in denying his motion for postconviction relief without a full evidentiary hearing.
In the Supreme Court ruled that the judgment of the district court is affirmed.