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) […]
29-4507 – Statement obtained out-of-state or by federal law enforcement officer; admissible; when.
29-4507. Statement obtained out-of-state or by federal law enforcement officer; admissible; when. Any statement made during a custodial interrogation shall be admissible against such person in a criminal proceeding in this state if: (1) The statement was obtained in another state and was obtained in compliance with the laws of that state; or (2) The […]
29-4508 – Inaudible portions; how treated.
29-4508. Inaudible portions; how treated. The existence of inaudible portions of an electronic recording, which are not the result of bad faith by a law enforcement officer to produce an inaudible result, standing alone, shall not render a statement out of compliance with section 29-4503. Source Laws 2008, LB179, § 8.
29-4601 – Act, how cited.
29-4601. Act, how cited. Sections 29-4601 to 29-4608 shall be known and may be cited as the Nebraska Claims for Wrongful Conviction and Imprisonment Act. Source Laws 2009, LB260, § 1.
29-4602 – Legislative findings.
29-4602. Legislative findings. The Legislature finds that innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been uniquely victimized, have distinct problems reentering society, and have difficulty achieving legal redress due to a variety of substantive and technical obstacles in the law. The Legislature also finds that such persons should have […]
29-4603 – Recovery; claimant; proof required.
29-4603. Recovery; claimant; proof required. In order to recover under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, the claimant shall prove each of the following by clear and convincing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such […]
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 […]