Bill > LB448

This bill establishes the Postconviction Relief Act, which provides a legal pathway for prisoners to seek relief from their convictions based on two primary grounds: constitutional rights violations or actual innocence. For claims of actual innocence, prisoners must present new evidence not previously introduced at trial, such as exculpatory DNA results, alternative suspect evidence, or forensic scientific evidence that undermines the original trial's evidence. The prisoner must prove by clear and convincing evidence that this new evidence would likely have changed the trial's outcome. The bill introduces important provisions that allow courts to excuse procedural defaults or time limitations to prevent manifest injustice, particularly when a prisoner can make a colorable claim of actual innocence. Additionally, the bill allows prisoners to request complete files from their prior counsel and prosecutors, and enables district courts to order discovery to help investigate potential claims of relief. The legislation also clarifies that ineffective assistance of trial counsel claims not raised on direct appeal will not be procedurally defaulted, and establishes a one-year limitation period for filing postconviction relief motions with several specific exceptions. Prisoners may be represented by public defenders in these proceedings, and any court orders on postconviction relief can be appealed like civil cases.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59774