reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2521.05 - Aggravating circumstances; interlocutory appeal prohibited.

29-2521.05.
Aggravating circumstances; interlocutory appeal prohibited.
The verdict of a jury as to the existence or nonexistence of the alleged aggravating circumstances or, when the right to a jury determination of the alleged aggravating circumstances has been waived, the determination of a panel of judges with respect thereto, shall not be an appealable order or judgment of the district court, and no appeal may be taken directly from such verdict or determination.
Source
Laws 2002, Third Spec. Sess., LB 1, § 13;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2521.05 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2524 - Sections; how construed.

29-2524.
Sections; how construed.
Nothing in sections 25-1140.09, 28-303, 28-313, and 29-2519 to 29-2546 shall be in any way deemed to repeal or limit existing procedures for automatic review of capital cases, nor shall they in any way limit the right of the Supreme Court to reduce a sentence of death to a sentence of life imprisonment in accordance with the provisions of section 29-2308, nor shall they limit the right of the Board of Pardons to commute any sentence of death to a sentence of life imprisonment.
Source
Laws 1973, LB 268, § 9;
Laws 1978, LB 748, § 23;
Laws 1978, LB 711, § 6;
Laws 2002, Third Spec. Sess., LB 1 § 16;
Laws 2011, LB12, § 5;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2524 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Cross References
Constitutional provisions:
Board of Pardons, see Article IV, section 13, Constitution of Nebraska.
Board of Pardons, see section 83-1,126.
Annotations
A person convicted of first degree murder in Nebraska is not eligible for the death penalty unless the State proves one or more of the statutory aggravators beyond a reasonable doubt. State v. Gales, 265 Neb. 598, 658 N.W.2d 604 (2003).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2524.01 - Criminal homicide; report filed by county attorney; contents; time of filing.

29-2524.01.
Criminal homicide; report filed by county attorney; contents; time of filing.
Each county attorney shall file a report with the State Court Administrator for each criminal homicide case filed by him. The report shall include (1) the initial charge filed, (2) any reduction in the initial charge and whether such reduction was the result of a plea bargain or some other reason, (3) dismissals prior to trial, (4) outcome of the trial including not guilty, guilty as charged, guilty of a lesser included offense, or dismissal, (5) the sentence imposed, (6) whether an appeal was taken, and (7) such other information as may be required by the State Court Administrator. Such report shall be filed not later than thirty days after ultimate disposition of the case by the court.
Source
Laws 1978, LB 749, § 1;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2524.01 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2524.02 - State Court Administrator; criminal homicide report; provide forms.

29-2524.02.
State Court Administrator; criminal homicide report; provide forms.
The State Court Administrator shall provide all forms necessary to carry out sections 29-2524.01 and 29-2524.02.
Source
Laws 1978, LB 749, § 2;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2524.02 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2525 - Capital punishment cases; appeal; procedure; expedited opinion.

29-2525.
Capital punishment cases; appeal; procedure; expedited opinion.
In cases when the punishment is capital, no notice of appeal shall be required and within the time prescribed by section 25-1912 for the commencement of proceedings for the reversing, vacating, or modifying of judgments, the clerk of the district court in which the conviction was had shall notify the court reporter who shall prepare a bill of exceptions as in other cases and the clerk shall prepare and file with the Clerk of the Supreme Court a transcript of the record of the proceedings, for which no charge shall be made. The Clerk of the Supreme Court shall, upon receipt of the transcript, docket the appeal. No payment of a docket fee shall be required.
The Supreme Court shall expedite the rendering of its opinion on the appeal, giving the matter priority over civil and noncapital criminal matters.
Source
Laws 1973, LB 268, § 10;
Laws 1982, LB 722, § 11;
Laws 1995, LB 371, § 16;
Laws 2000, LB 921, § 32;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2525 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Cross References
Bill of exceptions, see section 25-1140.09.
Annotations
An appeal pursuant to this section does not place the burden of creating the record upon either party to the appeal. Instead, pursuant to section 29-2521.04, the district court must provide all records required by the Nebraska Supreme Court in order to conduct its review and analysis. The Nebraska Supreme Court has the authority and the obligation to enforce the requirement that all records for any automatic appeal under this section are filed with the Clerk of the Supreme Court. State v. Dunster, 262 Neb. 329, 631 N.W.2d 879 (2001).
This statute requires the Supreme Court to review all cases in which the death penalty has been imposed. State v. Victor, 235 Neb. 770, 457 N.W.2d 431 (1990); State v. Joubert, 224 Neb. 411, 399 N.W.2d 237 (1986).
A determination of whether a defendant is a sexual sociopath is of no importance where a death sentence has been imposed. The purpose of the sexual sociopath law is to provide confinement with treatment for those persons subject to the laws who are amenable to treatment and confinement without treatment for those subject to the law but not amenable to treatment. Sentencing is not to be delayed indefinitely where sexual sociopath proceedings have been instituted. Once the death penalty has been imposed, none of the defendant's contentions concerning the sexual sociopath law requires further consideration. State v. Otey, 205 Neb. 90, 287 N.W.2d 36 (1979).
Supreme Court automatically reviews each case where death penalty imposed, comparing all previous capital cases where death penalty has or has not been imposed under the new death penalty statute. State v. Simants, 197 Neb. 549, 250 N.W.2d 881 (1977); State v. Rust, 197 Neb. 528, 250 N.W.2d 867 (1977).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2527 - Briefs; payment for printing by county.

29-2527.
Briefs; payment for printing by county.
The cost of printing briefs on behalf of any person convicted of an offense for which the punishment adjudged is capital shall be paid by the county.
Source
Laws 1973, LB 268, § 12;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2527 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2528 - Death penalty cases; Supreme Court; orders.

29-2528.
Death penalty cases; Supreme Court; orders.
In all cases when the death penalty has been imposed by the district court, the Supreme Court shall, after consideration of the appeal, order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the execution of the sentence.
Source
Laws 1973, LB 268, § 13;
Laws 1982, LB 722, § 12;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2528 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2537 - Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.

29-2537.
Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.
(1) If any convicted person under sentence of death shall appear to be incompetent, the Director of Correctional Services shall forthwith give notice thereof to a judge of the district court of the judicial district in which the convicted person was tried and sentenced and such judge shall at once make such investigation as shall satisfy him or her as to whether a commission ought to be named to examine such convicted person.
(2) If the court determines that there is not sufficient reason for the appointment of a commission, the court shall so find and refuse to suspend the execution of the convicted person. If the court determines that a commission ought to be appointed to examine such convicted person, the court shall make a finding to that effect and cause it to be entered upon the records of the district court in the county in which such convicted person was sentenced, and, if necessary, the court shall suspend the execution and appoint three licensed mental health professionals employed by the state as a commission to examine such convicted person. The commission shall examine the convicted person to determine whether he or she is competent or incompetent and shall report its findings in writing to the court within ten days after its appointment. If two members of the commission find the convicted person incompetent, the court shall suspend the convicted person's execution until further order. Thereafter, the court shall appoint a commission annually to review the convicted person's competency. The results of such review shall be provided to the court. If the convicted person is subsequently found to be competent by two members of the commission, the court shall certify that finding to the Supreme Court which shall then establish a date for the enforcement of the convicted person's sentence.
(3) The standard for the determination of competency under this section shall be the same as the standard for determining competency to stand trial.
Source
Laws 1973, LB 268, § 22;
Laws 1986, LB 1177, § 8;
Laws 2009, LB36, § 1;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2537 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2538 - Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.

29-2538.
Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.
If a court has suspended the execution of the convicted person pending an investigation as to his or her competency, the date for the enforcement of the convicted person's sentence has passed, and the convicted person is found to be competent, the court shall certify that finding to the Supreme Court which shall appoint a day for the enforcement of the convicted person's sentence.
Source
Laws 1973, LB 268, § 23;
Laws 2009, LB36, § 2;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2538 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2539 - Commission members; mileage; payment.

29-2539.
Commission members; mileage; payment.
The members of the commission appointed pursuant to section 29-2537 shall each receive mileage at the rate authorized in section 81-1176 for state employees for each mile actually and necessarily traveled in reaching and returning from the place where the convicted person is confined and examined, and it is hereby made the duty of the commission to act in this capacity without compensation other than that already provided for them by law. All of the findings and orders aforesaid shall be entered in the district court records of the county wherein the convicted person was originally tried and sentenced, and the costs therefor, including those providing for the mileage of the members of the commission, shall be allowed and paid in the usual manner by the county in which the convicted person was tried and sentenced to death.
Source
Laws 1973, LB 268, § 24;
Laws 1981, LB 204, § 44;
Laws 2009, LB36, § 3;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2539 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2540 - Female convicted person; pregnant; notice to judge; procedures.

29-2540.
Female convicted person; pregnant; notice to judge; procedures.
If a female convicted person under sentence of death shall appear to be pregnant, the Director of Correctional Services shall in like manner notify the judge of the district court of the county in which she was sentenced, who shall in all things proceed as in the case of an incompetent convicted person.
Source
Laws 1973, LB 268, § 25;
Laws 1986, LB 1177, § 9;
Laws 2009, LB36, § 4;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2540 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Cross References
Mentally incompetent convicts, see sections 29-2537 to 29-2539.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2541 - Female convicted person; finding convicted person is pregnant; judge; duties; costs.

29-2541.
Female convicted person; finding convicted person is pregnant; judge; duties; costs.
If the commission appointed pursuant to section 29-2537 finds that the female convicted person is pregnant, the court shall suspend the execution of her sentence. At such time as it shall be determined that such woman is no longer pregnant, the judge shall appoint a date for her execution and issue a warrant directing the enforcement of the sentence of death which shall be delivered to the Director of Correctional Services. The costs and expenses thereof shall be the same as those provided for in the case of an incompetent convicted person and shall be paid in the same manner.
Source
Laws 1973, LB 268, § 26;
Laws 1986, LB 1177, § 10;
Laws 2009, LB36, § 5;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2541 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2542 - Escaped convict; return; notify Supreme Court; fix date of execution.

29-2542.
Escaped convict; return; notify Supreme Court; fix date of execution.
If any person who has been convicted of a crime punishable by death, and sentenced to death, shall escape, and shall not be retaken before the time fixed for his or her execution, it shall be lawful for the Director of Correctional Services, or any sheriff or other officer or person, to rearrest such person and return him or her to the custody of the director, who shall thereupon notify the Supreme Court that such person has been returned to custody. Upon receipt of that notice, the Supreme Court shall then issue a warrant, fixing a date for the enforcement of the sentence which shall be delivered to the director. The date of execution shall be set no later than sixty days following the issuance of the warrant.
Source
Laws 1973, LB 268, § 27;
Laws 2009, LB36, § 6;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2542 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2543 - Person convicted of crime sentenced to death; Supreme Court; warrant.

29-2543.
Person convicted of crime sentenced to death; Supreme Court; warrant.
(1) Whenever any person has been tried and convicted before any district court in this state, has been sentenced to death, and has had his or her sentence of death affirmed by the Supreme Court on mandatory direct review, it shall be the duty of the Supreme Court to issue a warrant, under the seal of the court, reciting therein the conviction and sentence and establishing a date for the enforcement of the sentence directed to the Director of Correctional Services, commanding him or her to proceed at the time named in the warrant. The date of execution shall be set no later than sixty days following the issuance of the warrant.
(2) Thereafter, if the initial execution date has been stayed and the original execution date has expired, the Supreme Court shall establish a new date for enforcement of the sentence upon receipt of notice from the Attorney General that the stay of execution is no longer in effect and issue its warrant to the director. The date of execution shall be set no later than sixty days following the issuance of the warrant.
Source
Laws 1973, LB 268, § 28;
Laws 1993, LB 31, § 12;
Laws 2009, LB36, § 7;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2543 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
Nebraska Supreme Court has jurisdiction to set successive execution dates and issue warrants as may be needed. State v. Joubert, 246 Neb. 287, 518 N.W.2d 887 (1994).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2546 - Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.

29-2546.
Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.
Whenever the Supreme Court reverses the judgment of conviction in accordance with which any convicted person has been sentenced to death and is confined in a Department of Correctional Services adult correctional facility as herein provided, it shall be the duty of the Director of Correctional Services, upon receipt of a copy of such judgment of reversal, duly certified by the clerk of the court and under the seal thereof, to forthwith deliver such convicted person into the custody of the sheriff of the county in which the conviction was had to be held in the jail of the county awaiting the further judgment and order of the court in the case.
Source
Laws 1973, LB 268, § 31;
Laws 1993, LB 31, § 13;
Laws 2009, LB36, § 8;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2546 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2639 - Compact, how cited.

29-2639.
Compact, how cited.
Sections 29-2639 and 29-2640 shall be known and may be cited as the Interstate Compact for Adult Offender Supervision.
Source
Laws 2003, LB 46, § 2.
Note:
Laws 2003, LB 46, section 51, provided this section became operative "when thirty-five states have adopted the Interstate Compact for Adult Offender Supervision". By June 2002, the compact had reached this threshold. (See www.interstatecompact.org.) LB 46 became effective May 24, 2003.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2701 - Fines, costs, forfeited recognizances; to whom paid.

29-2701.
Fines, costs, forfeited recognizances; to whom paid.
All money due upon any judgment for fines, costs, or forfeited recognizances shall be paid to the judge or clerk of the court where the judgment is pending, if paid before execution is issued therefor, otherwise to the officer holding the execution, or such money may be paid to the sheriff of the county if the judgment debtor is in jail. Every sheriff, marshal, or other ministerial officer who shall receive any such money shall pay the same to the proper clerk of the court within ten days from the time of receiving the same.
Source
G.S.1873, c. 58, § 533, p. 840;
R.S.1913, § 9237;
C.S.1922, § 10266;
C.S.1929, § 29-2701;
R.S.1943, § 29-2701;
Laws 1973, LB 226, § 18;
Laws 1988, LB 1030, § 28.
Annotations
Fines and penalties collected by clerk of the district court are public money. State ex rel. Broatch v. Moores, 52 Neb. 770, 73 N.W. 299 (1897).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2702 - Money received; disposition.

29-2702.
Money received; disposition.
Every judge or clerk of court, upon receiving any money on account of forfeited recognizances, fines, or costs accruing or due to the county or state, shall pay the same to the treasurer of the proper county, except as may be otherwise expressly provided, within thirty days from the time of receiving the same. When any money is paid to a judge or clerk of court on account of costs due to individual persons, the same shall be paid to the persons to whom the same are due upon demand.
Source
G.S.1873, c. 58, § 534, p. 840;
R.S.1913, § 9238;
C.S.1922, § 10267;
Laws 1927, c. 62, § 1, p. 223;
C.S.1929, § 29-2702;
R.S.1943, § 29-2702;
Laws 1973, LB 226, § 19;
Laws 1988, LB 370, § 8;
Laws 2020, LB1028, § 6.
Annotations
This section recognizes the constitutional requirement for disposition of fines, penalties, and license money. School Dist. No. 54 v. School Dist. of Omaha, 171 Neb. 769, 107 N.W.2d 744 (1961).
Where clerk of district court deposits money received from payment of fines in bank to his own individual credit, he thereby converts money to his own use. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2703 - Costs; county not liable; exception.

29-2703.
Costs; county not liable; exception.
No costs shall be paid from the county treasury in any case of prosecution for a misdemeanor except as provided in section 29-2709.
Source
G.S.1873, c. 58, § 535, p. 840;
R.S.1913, § 9239;
C.S.1922, § 10268;
C.S.1929, § 29-2703;
R.S.1943, § 29-2703;
Laws 1965, c. 125, § 2, p. 462;
Laws 1973, LB 226, § 19;
Laws 1987, LB 665, § 1.
Annotations
Taxation of jury costs to defendant under this section requires finding by district court supported by evidence that appeal was frivolous or capricious. State v. Stanosheck, 186 Neb. 17, 180 N.W.2d 226 (1970).
Taxing as costs of meals, lodging, and mileage of jurors is not authorized. State v. Jungclaus, 176 Neb. 641, 126 N.W.2d 858 (1964).
Costs cannot be paid by county unless approval of prosecution by county attorney is obtained. Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2704 - Preliminary examinations for felony; transcript of costs; audit; allowance; payment.

29-2704.
Preliminary examinations for felony; transcript of costs; audit; allowance; payment.
Upon examination in county court on complaint of a felony, whether the accused is held to answer in court or discharged, the court may file with the county clerk a certified transcript of the costs as assessed under section 29-2709, giving the items of the same, and to whom each is due, and on what account. As early as may be after the filing of such bill, but without assembling for the special purpose, the county board of the proper county shall examine into such bill of costs as to its correctness, justice, and legality and may, if need be, examine under oath any person upon the subject, which oath may be administered by the county clerk.
It shall be the duty of the board to disallow any item, in whole or in part, of such bill that is found to be unlawful or needlessly incurred, or if it appears that the complaint was made for a felony when it should have been for a misdemeanor only, it may in its discretion disallow the entire bill or any part thereof.
The board may order that such bill, or so much thereof as it finds to be lawful and just, be paid from the county treasury, whereupon the county clerk shall draw warrants upon the county treasurer for the sums respectively due to each person upon such bill so allowed, which warrants the treasurer shall pay from the county general fund. The amount of costs so allowed shall be certified by the county clerk, and the certificate filed with the papers in the cause, in the office of the clerk of the district court. If the defendant shall be convicted, judgment shall be rendered against him or her for the costs so allowed, in addition to the costs made in the district court.
Source
G.S.1873, c. 58, § 536, p. 840;
R.S.1913, § 9240;
C.S.1922, § 10269;
C.S.1929, § 29-2704;
R.S.1943, § 29-2704;
Laws 1973, LB 226, § 21;
Laws 1984, LB 13, § 72;
Laws 2001, LB 83, § 1.
Annotations
Section does not fix liability on county for fees of defendant's witnesses. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901).
County is liable for costs on felony charge whether accused was held to answer in court or not. If charge should have been for misdemeanor, board may disallow. Dodge County v. Gregg, 14 Neb. 305, 15 N.W. 741 (1883).
Section is constitutional. Costs in misdemeanor cases may be disallowed by county board. Boggs v. Washington County, 10 Neb. 297, 4 N.W. 984 (1880).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2705 - Clerk of district court; cost bill in felony cases; payment.

29-2705.
Clerk of district court; cost bill in felony cases; payment.
Upon the discharge or conviction of the defendant in any case of felony in the district court, it shall be lawful for the clerk of such court to file in the office of the county clerk a bill of the costs not previously allowed by the county board, whereupon the same shall be examined into, audited and allowed, and paid in the manner specified in section 29-2704;
Provided,
nothing in this section or section 29-2704 shall preclude any court or clerk, in any case, from delaying the filing of such cost bill for allowance as aforesaid, until it shall be determined whether the same will be collected from the defendant; and no cost bill shall be filed for allowance as aforesaid under the provisions of this section, while there is pending in the cause any proceeding in error, or any unexpired recognizance for replevy of the judgment.
Source
G.S.1873, c. 58, § 537, p. 841;
R.S.1913, § 9241;
C.S.1922, § 10270;
C.S.1929, § 29-2705;
R.S.1943, § 29-2705;
Laws 1973, LB 226, § 22.
Annotations
Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2706 - Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.

29-2706.
Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected.
In any case of indictment for felony, where the defendant shall be convicted, it shall be the duty of the county attorney, clerk of the court, and sheriff of the county to use all lawful means within the scope of their respective powers, if need be, for the collection of the costs from the defendant, and the fine also, if any shall have been adjudged against him. When the costs shall have been collected, if the same shall have been allowed for payment from the county treasurer as provided in section 29-2705, it shall be the duty of the clerk of the court to certify and pay the same immediately to the county treasurer, together with any fine that may have been collected in the case.
Source
G.S.1873, c. 58, § 538, p. 841;
R.S.1913, § 9242;
C.S.1922, § 10271;
C.S.1929, § 29-2706;
R.S.1943, § 29-2706.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2708 - Receipts; to what funds credited; disbursement of costs in criminal cases.

29-2708.
Receipts; to what funds credited; disbursement of costs in criminal cases.
All money arising from fines and recognizances shall be credited by the county treasurer to the county school fund except as provided by Article VII, section 5, Constitution of Nebraska, and the costs and proceeds of jail labor shall be credited to the county general fund. Whenever any costs in any criminal case are paid from the county treasury, such payment shall be made from the county general fund; and when any warrant is drawn by the county clerk upon the treasurer of the county for the payment of such costs, a true record of the same and the definite purpose of every such warrant shall be recorded in the clerk's office showing the cause in which such costs are paid.
Source
G.S.1873, c. 58, § 540, p. 842;
R.S.1913, § 9244;
C.S.1922, § 10273;
C.S.1929, § 29-2708;
R.S.1943, § 29-2708;
Laws 1959, c. 125, § 1, p. 459;
Laws 1988, LB 370, § 9.
Annotations
This section recognizes the constitutional requirement for disposition of fines, penalties, and license money. School Dist. No. 54 v. School Dist. of Omaha, 171 Neb. 769, 107 N.W.2d 744 (1961).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2710 - Witness fees; criminal cases in district court; by whom paid.

29-2710.
Witness fees; criminal cases in district court; by whom paid.
The fees of all witnesses in criminal cases in the district court shall be paid by the county where the indictment is found.
Source
Laws 1875, § 1, p. 33;
R.S.1913, § 9246;
C.S.1922, § 10275;
C.S.1929, § 29-2710;
R.S.1943, § 29-2710.
Annotations
Section does not create new liability on county. Hewerkle v. Gage County, 14 Neb. 18, 14 N.W. 549 (1883).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2802 - Writ; applicant; to be taken before judge; return.

29-2802.
Writ; applicant; to be taken before judge; return.
It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same court, on the day specified in such writ, and to make due return of the writ, together with the day and cause of caption and detention of such person, according to the command thereof.
Source
G.S.1873, c. 58, § 354, p. 804;
R.S.1913, § 9248;
C.S.1922, § 10277;
C.S.1929, § 29-2802;
R.S.1943, § 29-2802.
Annotations
A person to whom a writ of habeas corpus is directed makes response to the writ, not to petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944).
When a child of age of 21 months is the subject of habeas corpus proceeding, it is not necessary that the child remain in the courtroom at all times, but the court may direct on what occasions, during the trial, it shall be brought into court. Kaufmann v. Kaufmann, 140 Neb. 299, 299 N.W. 617 (1941).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2803 - Habeas corpus; applicant; subpoena for witnesses.

29-2803.
Habeas corpus; applicant; subpoena for witnesses.
Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person shall be confined, commanding him to summon the witness or witnesses therein named to appear before such judge or court, at the time and place when and where such habeas corpus shall be returnable. It shall be the duty of such sheriff to serve the subpoena, if possible, in time to enable such witness or witnesses to attend.
Source
G.S.1873, c. 58, § 355, p. 804;
R.S.1913, § 9249;
C.S.1922, § 10278;
C.S.1929, § 29-2803;
R.S.1943, § 29-2803.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2804 - Subpoena; duty of witness; noncompliance; penalty.

29-2804.
Subpoena; duty of witness; noncompliance; penalty.
It shall be the duty of the witness or witnesses thus served with subpoena to attend and give evidence before the judge or court issuing the same, on pain of being guilty of a contempt, in which event he or they shall be proceeded against accordingly by the judge or court.
Source
G.S.1873, c. 58, § 356, p. 805;
R.S.1913, § 9250;
C.S.1922, § 10279;
C.S.1929, § 29-2804;
R.S.1943, § 29-2804.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2805 - Habeas corpus; hearing by court or judge; procedure.

29-2805.
Habeas corpus; hearing by court or judge; procedure.
On the hearing of any habeas corpus issued as aforesaid, it shall be the duty of the judge or court who shall hear the same to examine the witness or witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense mentioned in the warrant of commitment, whether the offense be technically set out in the commitment or not. Upon the hearing the judge or court may either recommit, bail or discharge the prisoner, according to the facts of the case.
Source
G.S.1873, c. 58, § 357, p. 805;
R.S.1913, § 9251;
C.S.1922, § 10280;
C.S.1929, § 29-2805;
R.S.1943, § 29-2805.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2806 - Habeas corpus; disposition of cause.

29-2806.
Habeas corpus; disposition of cause.
When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or persons applying for such writ shall be confined or detained in a legal manner, on a charge of having committed any crime or offense, the judge shall, at his discretion, commit, discharge or let to bail such person or persons, and if the judge shall deem the offense bailable, on the principles of law, he shall cause the person charged as aforesaid to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offense charged considered, conditioned for his appearance at the next court where the offense is cognizable. The judge shall certify his proceedings, together with the recognizance, forthwith, to the proper court; and if the person or persons charged as aforesaid shall fail to enter into such recognizance, he or they shall be committed to prison by such judge.
Source
G.S.1873, c. 58, § 358, p. 805;
R.S.1913, § 9252;
C.S.1922, § 10281;
C.S.1929, § 29-2806;
R.S.1943, § 29-2806.
Annotations
The appropriate form of relief from denial of a motion to reduce excessive bail is by habeas corpus. State v. Harig, 192 Neb. 49, 218 N.W.2d 884 (1974).
Statute contemplates that relator shall be discharged, committed, or let to bail. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961).
Resort may be had to habeas corpus to review discretion of district court in fixing the amount of bail. Kennedy v. Corrigan, 169 Neb. 586, 100 N.W.2d 550 (1960).
Principles governing issuance of writ of habeas corpus stated. Lingo v. Hann, 161 Neb. 67, 71 N.W.2d 716 (1955).
Court should require prisoner to enter into recognizance for appearance where order of discharge from bailable offense is appealed. Hulbert v. Fenton, 115 Neb. 818, 215 N.W. 104 (1927).
When it appears that petitioner stands charged with bailable offense and his sureties are for any cause released from liability, he will be remanded to district court. State ex rel. Emerson v. Bauman, 87 Neb. 273, 126 N.W. 857 (1910).
If commitment on which prisoner is detained is insufficient, but information against him charges a crime, court will recommit him to the court having jurisdiction of offense. Michaelson v. Beemer, 72 Neb. 761, 101 N.W. 1007 (1904).
Order fixing amount of bail will not be disturbed upon habeas corpus unless amount is unreasonably great and disproportionate to the offense charged. In re Scott, 38 Neb. 502, 56 N.W. 1009 (1893).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2807 - Writ; failure to obey; penalty.

29-2807.
Writ; failure to obey; penalty.
If any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey or make return of the same according to the command thereof, or shall make a false return of the writ, or upon demand made by the prisoner, or any person in his or her behalf, shall refuse to deliver to the person demanding, within six hours after the demand therefor, a true copy of the warrant or commitment or detainer of such prisoner, every person so offending shall, for the first offense, forfeit to the party aggrieved the sum of two hundred dollars, and for the second offense, the sum of four hundred dollars, and shall, if an officer, be incapable to hold his office.
Source
G.S.1873, c. 58, § 359, p. 805;
R.S.1913, § 9253;
C.S.1922, § 10282;
C.S.1929, § 29-2807;
R.S.1943, § 29-2807.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2808 - Writ; failure to issue; penalty.

29-2808.
Writ; failure to issue; penalty.
If any clerk of the district court shall refuse to issue such writ after allowance and demand made as aforesaid, he shall forfeit to the party aggrieved the sum of five hundred dollars.
Source
G.S.1873, c. 58, § 360, p. 806;
R.S.1913, § 9254;
C.S.1922, § 10283;
C.S.1929, § 29-2808;
R.S.1943, § 29-2808.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2809 - Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.

29-2809.
Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.
Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offense. If any person shall knowingly, contrary to sections 29-2801 to 29-2824, recommit or imprison, or cause to be recommitted or imprisoned for the same offense or pretended offense, any person so set at large, or shall knowingly aid or assist therein, he shall forfeit to the party aggrieved five hundred dollars, any colorable pretense or variation in the warrant or commitment notwithstanding.
Source
G.S.1873, c. 58, § 361, p. 806;
R.S.1913, § 9255;
C.S.1922, § 10284;
C.S.1929, § 29-2809;
R.S.1943, § 29-2809.
Annotations
Principle of res judicata does not apply in cases of habeas corpus to judgment discharging prisoner when discharge was not upon merits but for defect of proof. State ex rel. Flippin v. Sievers, 102 Neb. 611, 168 N.W. 99 (1918).
To recover penalty, plaintiff must show statutory conditions exist. Hier v. Hutchings, 58 Neb. 334, 78 N.W. 638 (1899).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2810 - Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.

29-2810.
Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.
If any person of this state shall be committed to prison, or be in custody of any officer for any criminal matter, such prisoner shall not be removed therefrom into the custody of any other officer, unless by legal process, or when the prisoner shall be delivered to some inferior officer to carry to jail, or shall, by order of the proper court, be removed from one place to another within the state for trial, or in case of fire, infection or other necessity; and if any person, after such commitment, shall make out or sign or countersign any warrant for such removal, contrary to this section, he or she shall for every such offense forfeit to the party aggrieved five hundred dollars.
Source
G.S.1873, c. 58, § 362, p. 806;
R.S.1913, § 9256;
C.S.1922, § 10285;
C.S.1929, § 29-2810;
R.S.1943, § 29-2810.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2811 - Accessories before the fact in capital cases; not bailable.

29-2811.
Accessories before the fact in capital cases; not bailable.
When any person shall appear to be committed by any judge or magistrate, and charged as accessory before the fact to any felony, the punishment whereof is capital, which felony shall be plainly and especially charged in the warrant of commitment, such person shall not be removed or bailed by virtue of sections 29-2801 to 29-2824, or in any other manner than as if said sections had not been enacted.
Source
G.S.1873, c. 58, § 363, p. 806;
R.S.1913, § 9257;
C.S.1922, § 10286;
C.S.1929, § 29-2811;
R.S.1943, § 29-2811;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2811 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2812 - Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.

29-2812.
Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.
No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declared to be illegal. If any such citizen shall be so imprisoned, he may for every such imprisonment maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported contrary to law, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding and assisting in the same or any of them, and shall recover triple costs besides damages, which damages, so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid in such illegal imprisonment or transportation, contrary to this section, and being thereof lawfully convicted, shall be disabled from henceforth to bear any office of trust or profit within this state;
Provided,
if any citizen of this state, or any person or persons at any time resident in the same, shall have committed or shall be charged with having committed any treason, felony or misdemeanor in any other part of the United States or territories where he or she ought to be tried for such offense, he, she or they may be sent to the state or territory having jurisdiction of the offense as provided by the Uniform Criminal Extradition Act of this state.
Source
G.S.1873, c. 58, § 364, p. 806;
R.S.1913, § 9258;
C.S.1922, § 10287;
C.S.1929, § 29-2812;
Laws 1935, c. 66, § 28, p. 231;
C.S.Supp.,1941, § 29-2812;
R.S.1943, § 29-2812.
Cross References
Uniform Criminal Extradition Act, see section 29-758.
Annotations
Courts are bound by construction of extradition laws adopted by Supreme Court of United States and will not review questions of evidence decided by Governor. In re Willard, 93 Neb. 298, 140 N.W. 170 (1913).
This section does not authorize extradition without proof that accused is fugitive. Dennison v. Christian, 72 Neb. 703, 101 N.W. 1045 (1904).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2813 - False imprisonment; penalties; action for; limitation.

29-2813.
False imprisonment; penalties; action for; limitation.
The penalties recoverable pursuant to sections 29-2801 to 29-2824 shall be recovered by the party aggrieved, his or her executors or administrators, by civil action in any court having cognizance of the same;
Provided,
no person shall be sued or molested for any offense against the provisions of said sections, unless within two years after the time when such offense shall have been committed; but if the party aggrieved shall then be in prison, then within two years after the decease of the person imprisoned, or his or her delivery out of prison. In every such action it shall be lawful for the defendant to plead the general issue, and give the special matter in evidence.
Source
G.S.1873, c. 58, § 365, p. 807;
R.S.1913, § 9259;
C.S.1922, § 10288;
C.S.1929, § 29-2813;
R.S.1943, § 29-2813.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2814 - Warrant or commitment; defects; when harmless.

29-2814.
Warrant or commitment; defects; when harmless.
If any person shall be committed to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or commitment of any magistrate of this state having jurisdiction of such criminal matter, such person shall not be discharged from such imprisonment or custody by reason of any informality or defect of such warrant or commitment;
Provided,
such warrant or commitment shall show substantially a criminal matter for which such magistrate had jurisdiction so to arrest or commit.
Source
G.S.1873, c. 58, § 366, p. 807;
R.S.1913, § 9260;
C.S.1922, § 10289;
C.S.1929, § 29-2814;
R.S.1943, § 29-2814.
Annotations
This section does not apply where a person is imprisoned in the state penitentiary under sentence imposed by a court of record. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2815 - Applicant in custody of person not an officer; form of writ.

29-2815.
Applicant in custody of person not an officer; form of writ.
In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:
The State of Nebraska,
ss.
.............. County,
The People of the State of Nebraska to the Sheriff of such county, greeting:
We command you, that the body of .................., of ..............., by .................. of ............. imprisoned and restrained of his or her liberty, as it is said, you take and have before .................., a judge of our ............ court ................, or, in case of his or her absence or disability, before some other judge of the same court at .................., to do and receive what our judge shall then and there consider ................. concerning him or her in his or her behalf, and summon ................... then and there to appear before our judge to show the cause of the taking and detaining .................; and have you there this writ, with your doings thereon.
Witness ................., at ................, this ......... day of .............., in the year ...... .
Source
G.S.1873, c. 58, § 367, p. 807;
R.S.1913, § 9261;
C.S.1922, § 10290;
C.S.1929, § 29-2815;
R.S.1943, § 29-2815;
Laws 1988, LB 1030, § 29.
Annotations
Court may require person who is shown to have control of prisoner to produce him. Nebraska Children's Home Society v. State, 57 Neb. 765, 78 N.W. 267 (1899).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2816 - Writ; service and return.

29-2816.
Writ; service and return.
Such writ may be served in any county by any sheriff of the same or of any other county. When such writ shall be issued by a court in session, if such court shall have adjourned when the same is returned, it shall be returned before any judge of the same court, and if such writ is returned before one judge at a time when the court is in session, he may adjourn the case into the court, there to be heard and determined.
Source
G.S.1873, c. 58, § 368, p. 808;
R.S.1913, § 9262;
C.S.1922, § 10291;
C.S.1929, § 29-2816;
R.S.1943, § 29-2816.