Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-2521.02 Criminal homicide cases; review and analysis by Supreme Court; manner.
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The Supreme Court shall within a reasonable time after July 22, 1978, review and analyze all cases involving criminal homicide committed on or after April 20, 1973. Such review and analysis shall examine (1) the facts including mitigating and aggravating circumstances, (2) the ch…
Neb. Rev. Stat. § 29-2521.03 Criminal homicide cases; appeal; sentence; Supreme Court review.
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The Supreme Court shall, upon appeal, determine the propriety of the sentence in each case involving a criminal homicide by comparing such case with previous cases involving the same or similar circumstances. No sentence imposed shall be greater than those imposed in other cases …
Neb. Rev. Stat. § 29-2521.04 Criminal homicide cases; Supreme Court review and analyze; district court; provide records.
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Each district court shall provide all records required by the Supreme Court in order to conduct its review and analysis pursuant to sections 29-2521.01 to 29-2522 and 29-2524.
Neb. Rev. Stat. § 29-2521.05 Aggravating circumstances; interlocutory appeal prohibited.
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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 app…
Neb. Rev. Stat. § 29-2522 Sentence; considerations; determination; contents.
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The panel of judges for the sentencing determination proceeding shall either unanimously fix the sentence at death or, if the sentence of death was not unanimously agreed upon by the panel, fix the sentence at life imprisonment. Such sentence determination shall be based upon the…
Neb. Rev. Stat. § 29-2523 Aggravating and mitigating circumstances.
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The aggravating and mitigating circumstances referred to in sections 29-2519 to 29-2524 shall be as follows: (1) Aggravating Circumstances: (a) The offender was previously convicted of another murder or a crime involving the use or threat of violence to the person, or has a subst…
Neb. Rev. Stat. § 29-2524 Sections; how construed.
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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 senten…
Neb. Rev. Stat. § 29-2524.01 Criminal homicide; report filed by county attorney; contents; time of filing.
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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 …
Neb. Rev. Stat. § 29-2524.02 State Court Administrator; criminal homicide report; provide forms.
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The State Court Administrator shall provide all forms necessary to carry out sections 29-2524.01 and 29-2524.02.
Neb. Rev. Stat. § 29-2525 Capital punishment cases; appeal; procedure; expedited opinion.
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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…
Repealed. Laws 1982, LB 722, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2527 Briefs; payment for printing by county.
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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.
Neb. Rev. Stat. § 29-2528 Death penalty cases; Supreme Court; orders.
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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.
Repealed. Laws 1985, LB 41, § l.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 41, § l.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 41, § l.
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[Repealed or reserved.]
Transferred to section 83-964.
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[Repealed or reserved.]
Transferred to section 83-969.
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[Repealed or reserved.]
Transferred to section 83-970.
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[Repealed or reserved.]
Transferred to section 83-971.
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[Repealed or reserved.]
Transferred to section 83-972.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2537 Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review.
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(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 j…
Neb. Rev. Stat. § 29-2538 Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution.
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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…
Neb. Rev. Stat. § 29-2539 Commission members; mileage; payment.
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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 conf…
Neb. Rev. Stat. § 29-2540 Female convicted person; pregnant; notice to judge; procedures.
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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 incom…
Neb. Rev. Stat. § 29-2541 Female convicted person; finding convicted person is pregnant; judge; duties; costs.
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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 …
Neb. Rev. Stat. § 29-2542 Escaped convict; return; notify Supreme Court; fix date of execution.
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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 per…
Neb. Rev. Stat. § 29-2543 Person convicted of crime sentenced to death; Supreme Court; warrant.
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(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 warra…
Repealed. Laws 2009, LB 36, § 21.
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[Repealed or reserved.]
Repealed. Laws 2009, LB 36, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-2546 Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court.
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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 o…
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 817, § 87.
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[Repealed or reserved.]