An order sustaining or overruling a motion filed under sections 29-3001 to 29-3004 shall be deemed to be a final judgment, and an appeal may be taken from the district court as provided for in appeals in civil cases. A prisoner may, in the discretion of the appellate court and upon application to the appellate court, be released on such recognizance as the appellate court fixes pending the determination of the appeal.
Neb. Rev. Stat. § 29-3002
Postconviction relief; order; appeal; recognizance
Applied in 7 court decisions — leading case State v. Lotter (2018)
Most recently applied in State v. Betancourt-Garcia (December 2021)
Laws 1965, c. 145, § 2, p. 487; Laws 1991, LB 732, § 87; Laws 1993, LB 652, § 2.
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.