The Nebraska Supreme Court has upheld the dismissal of Michael E. McLemore's fourth motion for postconviction relief. The court ruled that McLemore's claims were time-barred and that he failed to provide sufficient grounds for his appeal. This decision affects McLemore, who has been serving a life sentence for first-degree murder since 1999, and highlights the strict time limits imposed by the Nebraska Postconviction Act.
McLemore's case has been ongoing since his conviction in 1999 for first-degree murder and use of a deadly weapon. He was sentenced to life in prison for the murder and an additional 20 years for the weapon charge. Over the years, McLemore has filed multiple motions seeking postconviction relief, arguing that his constitutional rights were violated during his trial. His latest motion, filed in June 2025, was dismissed by the district court for being filed too late.
The Nebraska Postconviction Act, which governs the process for seeking postconviction relief, includes a one-year time limit for filing motions. In his fourth motion, McLemore argued that this time limit was unconstitutional as applied to him because his case predated the enactment of the limit in 2011. He also claimed that the district court had issued fictitious orders in response to his previous motions, which he argued deprived him of due process.
In its ruling, the Nebraska Supreme Court affirmed the district court's decision, stating that McLemore's claims were not valid under the Nebraska Postconviction Act. The court noted that McLemore's motion did not seek the type of relief authorized by the Act, which is intended for prisoners who can demonstrate a violation of their constitutional rights that would render their judgment void or voidable. The court stated, "[McLemore’s] time to file his postconviction motions passed on August 28, 2012."
The court also addressed McLemore's claims regarding the alleged fictitious orders, stating that these claims were not properly raised in his fourth motion and therefore could not be considered on appeal. The court emphasized that an appellate court will not entertain claims that were not included in the verified motion for postconviction relief.
This ruling has significant implications for McLemore and others seeking postconviction relief in Nebraska. The court's decision reinforces the importance of adhering to the time limits set by the Nebraska Postconviction Act. It serves as a reminder that defendants must raise all relevant claims in a timely manner or risk losing their right to appeal.
Moving forward, McLemore's options for further legal recourse appear limited. He may not be able to appeal this decision further, as the Nebraska Supreme Court has already ruled on the matter. Details were not available in the court filing regarding any related cases or future motions that McLemore might pursue.