Marie v. StateAnnotate this Case
The Supreme Court affirmed the decision of the district court dismissing Appellant’s petition seeking damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that Appellant insufficiently alleged that she was innocent under Neb. Rev. Stat. 29-4603(3).
Appellant was convicted for use of a deadly weapon to commit a felony and terroristic threats. After she served part of her sentence, Appellant was later pardoned by the Nebraska Board of Pardons. Appellant then filed a petition seeking damages under the Act, alleging that she was actually innocent of the crimes for which she was wrongfully convicted. The district court concluded that Appellant could not prove that she was actually innocent and dismissed her complaint. The Supreme Court affirmed, holding that the district court did not err in finding that Appellant could not prove “actual innocence” under the Act.