Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1822 (2026)

Mental incompetency of accused after crime commission; effect; death penalty; stay of execution

✓ current as of July 2026
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(1) A person who becomes mentally incompetent after the commission of an offense shall not be tried for the offense until such disability is removed as provided in section 29-1823.

(2) If, after a verdict of guilty, but before judgment is pronounced, a defendant becomes mentally incompetent, then no judgment shall be given until such disability is removed.

(3) If a defendant is sentenced to death and, after judgment, but before execution of the sentence, such person becomes mentally incompetent, execution of the sentence shall be stayed until such disability is removed.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1950–2025 · leading case: Sedlacek v. Greenholtz, 41 N.W.2d 154 (Neb. 1950).
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Sedlacek v. Greenholtz, 41 N.W.2d 154 (Neb. 1950). · cites it 6× “The basis of the action is that petitioner, after conviction but before sentence was imposed by the district court, became a lunatic or insane within the meaning of section 29-1822, R. R. S. 1943, and, because of that fact, the trial court was without power to impose sentence…”
State v. Johnson, 551 N.W.2d 742 (Neb. Ct. App. 1996). · cites it 2× “” Neb. Rev. Stat. § 29-1822 (Reissue 1995).”
Sedlacek v. Hann, 56 N.W.2d 138 (Neb. 1952). · cites it 2× “Section 29-1822, R. R. S. 1943, provides: “* * * If, after the verdict of guilty, and before judgment pronounced, such person becomes lunatic or insane, then no judgment shall be given while such lunacy or insanity shall continue * * It was recently decided in a case to which…”
State v. Anderson, 183 N.W.2d 766 (Neb. 1971). · cites it 2× “Section 29-1822, R. R. S. 1943, provides that when a defendant becomes insane after a verdict of guilty, and before judgment is pronounced, judgment shall be deferred while the insanity continues.”
State v. Moore, 978 N.W.2d 327 (Neb. 2022). · cites it 2× “11 Thus, it would be illogical to force the State to bring an incompetent defendant to trial within 6 months when the defendant could not be subjected to a criminal trial.”
State v. Price, 320 Neb. 1 (Neb. 2025). · cites it 4× “In arguing that the court erred in overruling his subsequent motion to determine competency for purposes of the sentenc- ing hearing, Price argues the court violated its duty to conduct an inquiry into competency mandates under Neb.”
State v. Saxon, 190 N.W.2d 854 (Neb. 1971). “The standard for validity of a guilty plea is whether the plea represents a voluntary and intelligent choice among the alternative courses: of action open to defendant.”
— Neb. Rev. Stat. § 29-1822(1) — 1 case
State v. Price, 320 Neb. 1 (Neb. 2025). “In arguing that the court erred in overruling his subsequent motion to determine competency for purposes of the sentenc- ing hearing, Price argues the court violated its duty to conduct an inquiry into competency mandates under Neb.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.