State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-4603

29-4603. Recovery; claimant; proof required.In order torecover under the Nebraska Claims for Wrongful Conviction and ImprisonmentAct, the claimant shall prove each of the following by clear and convincingevidence:(1) That heor she was convicted of one or more felony crimes and subsequently sentencedto a term of imprisonment for such felony crime or crimes and has served allor any part of the sentence;(2) With respect to the crime or crimesunder subdivision (1) of this section, that the Board of Pardons has pardonedthe claimant, that a court has vacated the conviction of the claimant, orthat the conviction was reversed and remanded for a new trial and no subsequentconviction was obtained;(3)That he or she was innocent of the crime or crimes under subdivision (1) ofthis 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 convictionor 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 constitutebringing about his or her own conviction of such crime or crimes. SourceLaws 2009, LB260, § 3.