29-4705 – Jailhouse informant receiving leniency; notice to victim.
29-4705. Jailhouse informant receiving leniency; notice to victim. If a jailhouse informant receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim as defined in section 29-119, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify such victim. Prior to […]
29-4706 – Court orders authorized.
29-4706. Court orders authorized. If, at any time during the course of the proceedings, it is brought to the attention of the court that the prosecutor has failed to comply with section 29-4704, or an order issued pursuant to this section, the court may: (1) Order the prosecutor to disclose materials not previously disclosed; (2) […]
29-4604 – Recovery of damages; determination of amount; restrictions.
29-4604. Recovery of damages; determination of amount; restrictions. (1) A claimant under the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall recover damages found to proximately result from the wrongful conviction and that have been proved based upon a preponderance of the evidence. (2) The following costs shall not offset damages: (a) Costs of […]
29-4605 – Extinguishment of lien for costs of defense services.
29-4605. Extinguishment of lien for costs of defense services. If the court finds that any property of the claimant was subjected to a lien to recover costs of defense services rendered by the state to defend the claimant in connection with the criminal case that resulted in his or her wrongful conviction, the court shall […]
29-4606 – Provision of services to claimant; how treated.
29-4606. Provision of services to claimant; how treated. Nothing contained in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall preclude the state from providing services to the claimant upon exoneration, and the reasonable value of services provided shall be treated as an advance against any award or judgment under the act. Source Laws […]
29-4607 – Filing of claim.
29-4607. Filing of claim. A claim brought pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall be filed under the State Tort Claims Act. Source Laws 2009, LB260, § 7. Cross References State Tort Claims Act, see section 81-8,235.
29-4608 – Claimant; rights; recovery under act; effect.
29-4608. Claimant; rights; recovery under act; effect. Nothing in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall limit the claimant from making any other claim available against any other party or based upon any other theory of recovery, except that a claimant who recovers a claim under the act shall not have any […]
29-4501 – Legislative findings.
29-4501. Legislative findings. The Legislature finds that to electronically record statements made during a custodial interrogation is an effective way to document a free, knowing, voluntary, and intelligent waiver of a person’s right to remain silent, to agree to answer questions, to decide to have an attorney present during such questioning, and to decide to […]
29-4701 – Terms, defined.
29-4701. Terms, defined. For purposes of sections 29-4701 to 29-4706: (1) Benefit means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration that has been requested by the jailhouse informant or that has been offered or may […]
29-4502 – Terms, defined.
29-4502. Terms, defined. For purposes of sections 29-4501 to 29-4508: (1) Custodial interrogation has the meaning prescribed to it under the Fourth and Fifth Amendments to the Constitution of the United States and Article I, sections 3 and 7, of the Constitution of Nebraska, as interpreted by the United States Supreme Court and the Nebraska […]