Nebraska § 29-3002 - Postconviction relief; order; appeal; recognizance.
Full text of Nebraska Revised Statutes of Nebraska § 29-3002 — Postconviction relief; order; appeal; recognizance., with citation guidance and answers to common questions.
§ 29-3002. Postconviction relief; order; appeal; recognizance.
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.
An order overruling a motion for postconviction relief as to a claim is a "final judgment" as to such claim. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018).
An order ruling on a motion filed in a pending postconviction case, seeking to amend the postconviction motion to assert additional claims, is not a final judgment and is not appealable. State v. Lotter, 301 Neb. 125, 917 N.W.2d 850 (2018).
An order denying an evidentiary hearing on a postconviction claim is a final judgment as to such claim under this section. State v. Poindexter, 277 Neb. 936, 766 N.W.2d 391 (2009).
An order ruling on a motion filed in a pending postconviction case seeking to amend the postconviction motion to assert additional claims is not a final judgment and is not appealable under this section. State v. Hudson, 273 Neb. 42, 727 N.W.2d 219 (2007).
Appeal cannot be taken directly to Supreme Court from municipal court in post conviction proceeding. State v. Williams, 188 Neb. 802, 199 N.W.2d 611 (1972).
State may appeal under this section although error proceedings under section 29-2315.01 are pending. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971).
Appointment of counsel to appeal from denial of post conviction relief is properly refused when record and files show prisoner is entitled to no relief. State v. Gero, 186 Neb. 379, 183 N.W.2d 274 (1971).
Failure to appeal decision within one month prevented Supreme Court from obtaining jurisdiction. State v. Pauley, 185 Neb. 478, 176 N.W.2d 687 (1970).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 29-3002
What does Revised Statutes of Nebraska § 29-3002 cover?
Section 29-3002 ("Postconviction relief; order; appeal; recognizance.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 29-3002?
A common citation format is "Revised Statutes of Nebraska § 29-3002" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 29-3002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.