Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-2316 Error proceedings by prosecuting attorney; decision on appeal; effect.
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The judgment of the court in any action taken pursuant to section 29-2315.01 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the appellate court shall determine the law t…
Neb. Rev. Stat. § 29-2317 Notice of intent to appeal to district court; procedure.
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(1) A prosecuting attorney may take exception to any ruling or decision of the county court made during the prosecution of a cause by presenting to the court a notice of intent to take an appeal to the district court with reference to the rulings or decisions of which complaint i…
Neb. Rev. Stat. § 29-2318 Appeal of ruling or decision; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
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When a notice is filed in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against…
Neb. Rev. Stat. § 29-2319 Exception proceedings by prosecuting attorney; decision of district court; effect.
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(1) The judgment of the court in any action taken under the provisions of sections 29-2317 and 29-2318 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the district court …
Neb. Rev. Stat. § 29-2320 Appeal of sentence by prosecuting attorney or Attorney General; when authorized.
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Whenever a defendant is found guilty of a felony following a trial or the entry of a plea of guilty or tendering a plea of nolo contendere, the prosecuting attorney charged with the prosecution of such defendant or the Attorney General may appeal the sentence imposed if there is …
Neb. Rev. Stat. § 29-2321 Appeal of sentence by prosecuting attorney or Attorney General; procedure.
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(1) Appeals under sections 29-2320 to 29-2325 shall be taken, by either the Attorney General or the prosecuting attorney, as follows: (a) If the appeal is filed by the Attorney General, a notice of appeal shall be filed in the district court within twenty days after imposition of…
Neb. Rev. Stat. § 29-2322 Appeal of sentence by prosecutor; review; considerations.
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If the appeal has been properly filed, as set forth in section 29-2321, the appellate court, upon a review of the record, shall determine whether the sentence imposed is excessively lenient, having regard for: (1) The nature and circumstances of the offense; (2) The history and c…
Neb. Rev. Stat. § 29-2323 Appeal of sentence by prosecutor; sentencing alternatives.
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Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall: (1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and: (a) Remand the case for imposition of a greater sentence; (b) Remand the case for furth…
Neb. Rev. Stat. § 29-2324 Appeal of sentence by prosecutor; credit for time served.
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If a more severe sentence is imposed by the appellate court or on remand, any time served on the sentence appealed from shall be deemed to have been served on the new sentence imposed under subdivision (1) of section 29-2323.
Neb. Rev. Stat. § 29-2325 Appeal of sentence by prosecutor; defendant's right to appeal not affected.
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Nothing contained in sections 29-2320 to 29-2325 shall affect the right of the defendant to appeal the conviction and sentence, as otherwise provided by law.
Neb. Rev. Stat. § 29-2326 Appeal; no oral argument; when.
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There shall be no oral argument in an appeal to the district court in any criminal case where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.
Neb. Rev. Stat. § 29-2327 District court; Court of Appeals; Supreme Court; remit assessment.
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In every case of appeal of a conviction of any person for any felony or misdemeanor to the district court, Court of Appeals, or Supreme Court that is affirmed, the court shall remit the assessment as provided in section 33-157.
Neb. Rev. Stat. § 29-2401 Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services.
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Every person sentenced to the Department of Correctional Services shall, within thirty days, and as early as practicable after his sentence, unless the execution thereof be suspended, be conveyed to the facility designated by the Director of Correctional Services by the sheriff o…
Neb. Rev. Stat. § 29-2402 Delivery of prisoner to Department of Correctional Services; powers and duties of sheriff.
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The sheriffs of the several counties of this state, during the time they shall be employed in conveying to the Department of Correctional Services any person sentenced to the custody thereof, shall have the same power and authority to secure him in any jail within the state, and …
Neb. Rev. Stat. § 29-2403 Person sentenced to county jail; commitment procedure.
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When any person convicted of an offense is sentenced to imprisonment in the county jail, the court or magistrate shall order the defendant into the custody of the sheriff or other proper officer and shall issue to such officer a warrant of commitment. The officer shall deliver th…
Neb. Rev. Stat. § 29-2404 Misdemeanor cases; fines and costs; judgment; levy; commitment.
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In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any…
Repealed. Laws 2014, LB 907, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2406 Sentence to cell; execution when no cell in jail.
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Where any jail, in any county in this state, shall not have a cell or dungeon therein, then, and in that case, when the court shall sentence any person or persons to imprisonment in the cell of any jail, under the provisions of this code, the person or persons so sentenced shall …
Neb. Rev. Stat. § 29-2407 Judgments for fines, costs, and forfeited recognizances; lien; exemptions; duration.
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Judgments for fines and costs in criminal cases shall be a lien upon all the property of the defendant within the county from the time of filing the case by the clerk of the proper court, and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. …
Neb. Rev. Stat. § 29-2408 Judgments for fines, costs, and forfeited recognizances; execution.
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It shall be the duty of the clerk of the district court to issue execution for every judgment rendered during the term, for fines and forfeited recognizance, and for the costs in such cases, which remain unpaid and unreplevied; and upon like condition each magistrate shall issue …
Neb. Rev. Stat. § 29-2409 Replevy of fine and costs; recognizance; breach; effect.
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It shall be lawful for any person or persons convicted of any criminal offense to replevy the judgment for the fine and costs, or the costs only when no fine shall be imposed, by such convicted person or persons, with one or more good and sufficient freeholders, entering into a r…
Neb. Rev. Stat. § 29-2410 Replevy of fine and costs; effect.
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In all cases where the person or persons, convicted as aforesaid, shall replevy the fine and costs, as is provided in the section 29-2409, no execution shall issue for such fine and costs as prescribed in the section 29-2408, and further, such person or persons, after replevying …
Neb. Rev. Stat. § 29-2411 Judgments for fines, costs, and forfeited recognizances; execution in other counties.
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Executions for fines and costs of prosecution, and on recognizances taken in pursuance of section 29-2409, may be issued into any county in this state.
Neb. Rev. Stat. § 29-2412 Fine and costs; financial ability to pay; hearing; nonpayment; commutation upon confinement; credit; amount.
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(1) Beginning July 1, 2019: (a) Any person arrested and brought into custody on a warrant for failure to pay fines or costs, for failure to appear before a court or magistrate on the due date of such fines or costs, or for failure to comply with the terms of an order pursuant to …
Neb. Rev. Stat. § 29-2413 Judgments for fines and costs; execution in another county or against real estate; filing of transcript in district court.
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In every case, whenever it is desirable to obtain execution to be issued to another county, or against the lands or real estate of any person against whom a judgment for fine or costs has been rendered by a magistrate, the magistrate may file with the clerk of the district court …
Neb. Rev. Stat. § 29-2414 Sentence to hard labor; employment of convicts in jail.
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For the purpose of enabling the county board of any county in this state to employ in a profitable manner all persons who have heretofore been or may hereafter be sentenced to hard labor in the jail of the county, the board, or a majority of them, shall have power to designate th…
Neb. Rev. Stat. § 29-2415 Jail convict labor; disposition of proceeds.
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It shall be the duty of the county board to make the contracts for the employment of convicts as specified in section 29-2414, and the sheriff of the county, or such other person as may be charged with the administrative direction of the jail, shall collect the proceeds of all su…
Neb. Rev. Stat. § 29-2501 Omitted.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2502 Omitted.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 146, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2519 Statement of intent.
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(1) The Legislature hereby finds that it is reasonable and necessary to establish mandatory standards for the imposition of the sentence of death; that the imposition of the death penalty in every instance of the commission of the crimes specified in section 28-303 fails to allow…
Neb. Rev. Stat. § 29-2520 Aggravation hearing; procedure.
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(1) Whenever any person is found guilty of a violation of section 28-303 and the information contains a notice of aggravation as provided in section 29-1603, the district court shall, as soon as practicable, fix a date for an aggravation hearing to determine the alleged aggravati…
Neb. Rev. Stat. § 29-2521 Sentencing determination proceeding.
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(1) When a person has been found guilty of murder in the first degree and (a) a jury renders a verdict finding the existence of one or more aggravating circumstances as provided in section 29-2520 or (b)(i) the information contains a notice of aggravation as provided in section 2…
Neb. Rev. Stat. § 29-2521.01 Legislative findings.
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The Legislature hereby finds that: (1) Life is the most valuable possession of a human being, and before taking it, the state should apply and follow the most scrupulous standards of fairness and uniformity; (2) The death penalty, because of its enormity and finality, should neve…