The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases. If the state shall appeal from a final order of a district court made upon the return of a writ of habeas corpus discharging a defendant in a criminal case, the defendant shall not be discharged from custody pending final decision upon appeal; Provided, said defendant may be admitted to bail pending disposition of said appeal as is otherwise provided by law.
Neb. Rev. Stat. § 29-2823
Habeas corpus proceedings; review; procedure; bail pending appeal
Applied in 5 court decisions — leading case Berumen v. Casady (1994)
Most recently applied in Tyrrell v. Frakes (April 2021)
G.S.1873, c. 58, § 375, p. 809; R.S.1913, § 9269; Laws 1921, c. 168, § 1, p. 660; C.S.1922, § 10298; C.S.1929, § 29-2823; R.S.1943, § 29-2823; Laws 1947, c. 106, § 1, p. 296.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.