2017 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-4603 Recovery; claimant; proof required.
29-4603. Recovery; claimant; proof required.
In order to recover under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, the claimant shall prove each of the following by clear and convincing evidence:
(1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the sentence;
(2) With respect to the crime or crimes under subdivision (1) of this section, that the Board of Pardons has pardoned the claimant, that a court has vacated the conviction of the claimant, or that the conviction was reversed and remanded for a new trial and no subsequent conviction was obtained;
(3) That he or she was innocent of the crime or crimes under subdivision (1) of this section; and
(4) That he or she did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or the conviction of another, with respect to the crime or crimes under subdivision (1) of this section, except that a guilty plea, a confession, or an admission, coerced by law enforcement and later found to be false, does not constitute bringing about his or her own conviction of such crime or crimes.
Source
- Laws 2009, LB260, ยง 3.
Annotations
The term "false statement" as used in this section does not mean a statement that is factually incorrect; a factually inaccurate statement made by one who believes it is true is not a "false statement." Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).
Subdivision (2) of this section addresses "legal innocence": the absence of one or more procedural or legal bases to support the sentence given a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
Subdivision (3) of this section addresses "actual innocence": the absence of facts that are prerequisites for the sentence given to a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
This section does not provide for the appointment of counsel. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
