Meyer v. Frakes

In case No. CR11-12 Defendant was convicted and sentenced for the crime of theft by receiving stolen property. In case No. CR11-29, Defendant was convicted and sentenced with burglary and habitual criminal. Defendant petitioned for a writ of habeas corpus alleging that the sentence imposed for habitual criminal was a void sentence. The district court granted the writ of habeas corpus, concluding that Defendant was being held on a void sentence. As of the date of this opinion, Defendant remained in the custody of the Nebraska Department of Correctional Services because he was unable to meet the conditions of his bond imposed by the district court. The Director of the Department appealed. The Supreme Court sustained Defendant’s motion for summary affirmance and directed that Defendant be released from custody, holding that Defendant was being unlawfully imprisoned on a void sentence and was entitled to be released and discharged forthwith. View "Meyer v. Frakes" on Justia Law