If a defendant in a criminal case files, within thirty days after the entry of the judgment, order, or sentence, an application to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310 with the clerk of the district court, then no payment of the docket fee shall be required of him or her unless the defendant's application to proceed in forma pauperis is denied. The clerk of the district court shall forward a certified copy of such application, including the affidavit, to the Clerk of the Supreme Court. If an application to proceed in forma pauperis is filed and granted, the Court of Appeals or Supreme Court shall acquire jurisdiction of the case when the notice of appeal is filed with the clerk of the district court. In cases in which an application to proceed in forma pauperis is granted, the amount of the costs shall be endorsed on the mandate and shall be paid by the county in which the indictment was found.
Notes of Decisions
Cited in
33
cases (
5 in the last 5 years), 1936–2024 · leading case:
State v. Blake, 310 Neb. 769 (Neb. 2022).
State v. Blake, 310 Neb. 769 (Neb. 2022).
· cites it 29× “12 That order was entered on October 2, 2020. There is no dis- pute that the notice of appeal was timely filed.”
State v. Dallmann, 621 N.W.2d 86 (Neb. 2000).
· cites it 12× “Before August 28, 1999, Neb. Rev. Stat. § 29-2306 (Reissue 1995), which pertains specifically to in forma pauperis criminal appeals, stated only that the affiant must state that “he or she is unable by reason of poverty to pay the costs” of the appeal.”
State v. Greer, 309 Neb. 667 (Neb. 2021).
· cites it 4× “In lieu of deposit- ing the required docket fee, Neb. Rev. Stat. § 29-2306 (Reissue 2016) allows a criminal defendant to request to proceed in forma pauperis on appeal, and, in this situation, a poverty affidavit serves as a substitute for the docket fee otherwise required upon…”
State v. Harms, 643 N.W.2d 359 (Neb. 2002).
· cites it 7× “Section 29-2306 states: If a defendant in a criminal case files, within thirty days after the entry of the judgment, order, or sentence, an application to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310 with the clerk of the district court, then no…”
State v. Trotter, 609 N.W.2d 33 (Neb. 2000).
· cites it 2× “2d 743 (1995) (holding that appellate court obtains jurisdiction of criminal appeal only upon filing of notice of appeal and proper poverty affidavit in lieu of statutory docket fee, which affidavit must follow language contained in Neb. Rev. Stat. § 29-2306 (Cum. Supp. 1994);…”
State v. Melton, 308 Neb. 159 (Neb. 2021).
· cites it 2× “” An appeal is “deemed perfected and the appellate court shall have jurisdiction of the cause when such notice of appeal has been filed and [the required docket fee is] deposited in the office of the clerk of the district court.”
State v. Eberhardt, 140 N.W.2d 802 (Neb. 1966).
· cites it 10× “At the hearing on the affidavit of poverty, the defendant introduced evidence of his financial circumstances.”
Nebraska State Bank v. Dudley, 278 N.W.2d 334 (Neb. 1979).
· cites it 8× “and, except as otherwise provided in section 29-2306, by depositing with the clerk of the district court the docket fee required by law in appeals to the Supreme Court.”
State v. Spotted Elk, 420 N.W.2d 707 (Neb. 1988).
· cites it 4× “Neb. Rev. Stat. § 29-2306 (Reissue 1985) deals with waiver of docket fees for cause, and Neb.”
Glantz v. Hopkins, 624 N.W.2d 9 (Neb. 2001).
· cites it 2× “Glantz mistakenly cites to Neb. Rev. Stat. § 29-2306 (Reissue 1995) to support his position.”
State v. Flying Hawk, 420 N.W.2d 323 (Neb. 1988).
· cites it 3× “Neb. Rev. Stat. § 29-2306 (Reissue 1985) deals with waiver of docket fees for cause, and Neb.”
In Re Interest of Noelle F., 534 N.W.2d 581 (Neb. Ct. App. 1995).
· cites it 2× “2d 743 (1995), decided under Neb. Rev. Stat. § 29-2306 (Cum. Supp. 1994).”
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