Evans v. FrakesAnnotate this Case
Petitioner was convicted of burglary and found to be a habitual criminal. Petitioner was sentenced to a mandatory minimum of ten to fifteen years’ imprisonment. Petitioner was erroneously discharged from the custody of the Nebraska Department of Correctional Services prior to completing his lawful sentence. Petitioner was subsequently taken back into custody. Petitioner petitioned for a writ of habeas corpus challenging the Department’s continuing exercise of custody. The district court dismissed the habeas petition with prejudice. The Supreme Court affirmed, holding that Petitioner failed to show that he completed the terms of his sentence and that he was being illegally detained.