Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2303 (2026)

Felony cases; appeal; custody of person convicted; escape; procedures

✓ current as of July 2026
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Whenever a person shall be convicted of a felony, and the judgment shall be suspended as a result of the notice of appeal, it shall be the duty of the court to order the person so convicted into the custody of the sheriff, to be imprisoned until the appeal is disposed of, or such person is admitted to bail. If a person so convicted shall escape, the jailer or other officer from whose custody the escape was made may return to the clerk of the proper court the writ by virtue of which the convict was held in custody, with information of the escape endorsed thereon, whereupon the clerk shall issue a warrant stating such conviction, and commanding the sheriff of the county to pursue such person into any county in the state; and the sheriff shall take such person and commit him or her to the jail of the county.

Notes of Decisions
Cited in 4 cases, 1982–2017 · leading case: State v. Hernandez, 511 N.W.2d 535 (Neb. Ct. App. 1993).
State v. Hernandez, 511 N.W.2d 535 (Neb. Ct. App. 1993). · cites it 6× “The provisions for bail after conviction of a felony are governed by Neb. Rev. Stat. § 29-2303 (Reissue 1989).”
State v. Woodward, 316 N.W.2d 759 (Neb. 1982). · cites it 4× “The provisions for bail after conviction are not governed by § 29-901 but, rather, by Neb. Rev. Stat. § 29-2303 (Reissue 1979).”
State v. Dawn, 519 N.W.2d 249 (Neb. 1994). · cites it 2× “See, Neb. Rev. Stat. § 29-2303 (Reissue 1989); State v.”
State v. Kirby, 25 Neb. Ct. App. 10 (Neb. Ct. App. 2017). · cites it 3× “Regarding a felony conviction, Neb. Rev. Stat. § 29-2303 (Reissue 2016) states in part: Whenever a person shall be convicted of a felony, and the judgment shall be suspended as a result of the notice of appeal, it shall be the duty of the court to order the person so convicted…”
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