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Nebraska Supreme Court Puts Burden on Migrant Detainee to Prove Sentence Calculation Credit Error
Loaded on April 24, 2023
by Casey Bastian
by Casey J. Bastian
On March 10, 2023, the Nebraska Supreme Court affirmed a sentencing court’s jail credit calculation under Neb. Rev. Stat. § 47-503 (Reissue 2021), in a case where the amount of time served was disputed. Importantly, the Court held that the burden to produce a …
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More from these topics:
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- BOP Announces New Conditional Placement Date Calculation, Jan. 1, 2026. First Step Act, halfway houses, Community Confinement/Home Detention, Credits, Prison Classification.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges, Dec. 15, 2025. Pending Appeal/Sentencing, Statutory Construction/Interpretation, Revocation Proceedings, Credits.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
- Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa, Oct. 15, 2025. False Statements/Perjury, Essential Elements of Crime, Fraud and Deceit, Immigration Law/Offenses, Authority and Jurisdiction.
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025. Good Time, Federal Extradition Act, Credits.