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 […]
29-4702 – Applicability.
29-4702. Applicability. Sections 29-4701 to 29-4706 apply to any case in which a suspect or defendant is charged with a felony. Source Laws 2019, LB352, § 2.
29-4503 – Electronic recordation of statements and waiver of rights required; when.
29-4503. Electronic recordation of statements and waiver of rights required; when. (1) All statements relating to crimes described in subsection (2) of this section and statements regarding rights described in section 29-4501 or the waiver of such rights made during a custodial interrogation at a place of detention that are described in subsection (2) of […]
29-4703 – Prosecutor’s office; duties.
29-4703. Prosecutor’s office; duties. Each prosecutor’s office shall undertake measures to maintain a searchable record of: (1) Each case in which: (a) Trial testimony is offered or provided by a jailhouse informant against a suspect’s or defendant’s interest; or (b) A statement from a jailhouse informant against a suspect’s or defendant’s interest is used and […]
29-4504 – Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.
29-4504. Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction. Except as otherwise provided in sections 29-4505 to 29-4507, if a law enforcement officer fails to comply with section 29-4503, a court shall instruct the jury that they may draw an adverse inference for the law enforcement officer’s failure to comply with […]
29-4704 – Disclosures required; deadline; redaction of information; prosecutor; duties.
29-4704. Disclosures required; deadline; redaction of information; prosecutor; duties. (1) Except as provided in subsection (3) of this section, if a prosecutor intends to use the testimony or statement of a jailhouse informant at a defendant’s trial, the prosecutor shall disclose to the defense: (a) The known criminal history of the jailhouse informant; (b) Any […]