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

Neb. Rev. Stat. § 29-2301 (2026)

Appeal; notice; effect

✓ current as of July 2026
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When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined. The trial court, in its discretion, may allow the defendant to continue at liberty under bail or admit the defendant to bail during the suspension of sentence.

Notes of Decisions
Cited in 16 cases, 1938–2019 · leading case: State v. Thalken, 299 Neb. 857 (Neb. 2018).
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State v. Thalken, 299 Neb. 857 (Neb. 2018). · cites it 2× “44 Neb. Rev. Stat. § 29-2301 (Reissue 2016).”
State v. Gales, 658 N.W.2d 604 (Neb. 2003). · cites it 2× “” Neb. Rev. Stat. § 29-2301 (Reissue 1995); Jones v.”
In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016). · cites it 2× “That appeal procedure applies regardless of the party taking the appeal, applies in both criminal and civil cases, and provides a procedure “to obtain a reversal, vaca- tion, or modification of .”
State v. Hartzell, 304 Neb. 82 (Neb. 2019). · cites it 2× “”9 Here, the oral announcement of a sentence and the content of the October sentencing order, which stated a “separate Order of Probation” would be forthcoming, triggered the savings clause under § 25-1912(2).”
State v. Thieszen, 560 N.W.2d 800 (Neb. 1997). · cites it 2× “722, as now found in Neb. Rev. Stat. § 29-2301 (Reissue 1995), which states in part: “When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be…”
State v. Hurley, 270 N.W.2d 915 (Neb. 1978). · cites it 4× “*571 Section 29-2301, R. R. S. 1943, provides that the execution of a sentence may be suspended for 1 month in order to give the person convicted an opportunity to apply for a writ of error and: “Where the defendant is, prior to pronouncement of judgment, at liberty under bail,…”
State v. Sports Couriers, Inc., 313 N.W.2d 447 (Neb. 1981). · cites it 3× “” The only reference in the whole of Chapter 29, article 23, of the Nebraska Revised Statutes to a person other than a prosecuting attorney having the right to appeal under those sections is found in Neb. Rev. Stat. § 29-2301 (Reissue 1979).”
Richardson v. Clarke, 512 N.W.2d 653 (Neb. Ct. App. 1994). · cites it 2× “2d 292 (1974); Neb. Rev. Stat. § 29-2301 (Cum. Supp. 1992) (providing that “the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined”).”
State ex rel. Hunter v. Jurgensen, 280 N.W. 886 (Neb. 1938). · cites it 2× “Incidentally, section 29-2301, Comp. St. 1929, discloses the interpretation which the people of the state of Nebraska, speaking through their legislature, have placed on the term “conviction,” for there we read: “When a person shall be convicted of an offense, and shall give…”
Iron Bear v. Jones, 32 N.W.2d 125 (Neb. 1948). · cites it 2× “The relator contends that when the trial court set a premature date for execution in violation of section 29-2301, R. S. 1943, the court had no jurisdiction to pronounce a sentence, even though it might have had jurisdiction over the person and subject matter, citing In re…”
Kuwitzky v. O'Grady, 282 N.W. 396 (Neb. 1938). “The application for a writ of habeas corpus is now the proper procedure for the review of the judgment in the case at bar, under sections 29-2301 to 29-2316, Comp. St. 1929.”
Jones v. Clarke, 568 N.W.2d 897 (Neb. 1997). · cites it 3× “” Neb. Rev. Stat. § 29-2301 (Reissue 1995).”
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