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NE LB448
Bill
Status
1/21/2025
Primary Sponsor
George Dungan
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AI Summary
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Adds "actual innocence" as a new ground for postconviction relief, requiring prisoners to present evidence not shown at trial (such as exculpatory DNA, third-party confessions, or forensic evidence that undermines trial evidence) and prove by clear and convincing evidence a reasonable likelihood of a different trial outcome
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Allows courts to excuse procedural defaults and the one-year filing deadline to prevent "manifest injustice" when a prisoner makes a colorable claim of actual innocence
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Requires prior trial/appellate counsel and prosecutors to disclose complete case files to prisoners upon court order, and permits discovery if it could assist in preparing a postconviction motion
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Eliminates procedural default for ineffective assistance of trial counsel claims that were not raised on direct appeal
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Formally names the statutory provisions (sections 29-3001 to 29-3004) as the "Postconviction Relief Act" and amends related statutes including public defender eligibility
Legislative Description
Provide for postconviction relief for a claim of actual innocence, change provisions relating to time limitations, required disclosures, and procedural defaults, and name the Postconviction Relief Act
Last Action
Title printed. Carryover bill
1/7/2026