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Jones v. Nebraska Dept. of Correctional Services

Court of Appeals of Nebraska

August 27, 2013

Terry L. Jones, appellant,
v.
Nebraska Department of Correctional Services et al., appellees.

Page 52

Appeal fro the District Court for Lancaster County: ANDREW R. JACOBSEN, Judge. Affirmed.

Terry L. Jones, pro se.

Jon Bruning, Attorney General, and George R. Love for appellees.

Pirtle and Riedmann, Judges, and Mullen, District Judge, Retired.

Syllabus by the Court

1. Habeas Corpus: Appeal and Error. On appeal of a habeas petition, an appellate court reviews the trial court's factual findings for clear error and its conclusions of law de novo.

2. Appeal and Error. An appellate court may, at its discretion, discuss issues unnecessary to the disposition of an appeal where those issues are likely to recur during further proceedings.

3. Jurisdiction: Affidavits: Appeal and Error. Although jurisdiction is vested in an appellate court upon timely filing of a notice of appeal and an affidavit of poverty, the trial court retains jurisdiction to determine the validity of in forma pauperis proceedings.

4. Habeas Corpus: Judgments: Collateral Attack. Under Nebraska law, an action for habeas corpus is a collateral attack on a judgment of conviction.

5. Judgments: Collateral Attack. Only a void judgment may be collaterally attacked.

6. Judgments: Jurisdiction: Collateral Attack. Where the court has jurisdiction of the parties and the subject matter, its judgment is not subject to collateral attack.

7. Habeas Corpus: Jurisdiction: Sentences. A writ of habeas corpus will not lie to discharge a person from a sentence of penal servitude where the court imposing the sentence had jurisdiction of the offense and the person of the defendant, and the sentence was within the power of the court to impose.

Page 53

8. Habeas Corpus. A writ of habeas corpus is not a writ for correction of errors, and its use will not be permitted for that purpose.

9. Habeas Corpus: Sentences. The regularity of the proceedings leading up to the sentence in a criminal case cannot be inquired into on an application for writ of habeas corpus, for ...


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