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

Neb. Rev. Stat. § 29-2823 (2026)

Habeas corpus proceedings; review; procedure; bail pending appeal

✓ current as of July 2026
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The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases. If the state shall appeal from a final order of a district court made upon the return of a writ of habeas corpus discharging a defendant in a criminal case, the defendant shall not be discharged from custody pending final decision upon appeal; Provided, said defendant may be admitted to bail pending disposition of said appeal as is otherwise provided by law.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1944–2021 · leading case: Tyler v. Houston, 728 N.W.2d 549 (Neb. 2007).
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Tyler v. Houston, 728 N.W.2d 549 (Neb. 2007). · cites it 14× “15 Neb. Rev. Stat. § 29-2823 (Reissue 1995) provides: The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases.”
Meyer v. Frakes, 884 N.W.2d 131 (Neb. 2016). · cites it 2× “Pursuant to Neb. Rev. Stat. § 29-2823 (Reissue 2008), the court set the matter for hearing for the determination of bond pending the appeal.”
Tyrrell v. Frakes, 309 Neb. 85 (Neb. 2021). · cites it 3× “1 See Neb. Rev. Stat. § 29-2823 (Reissue 2016).”
Berumen v. Casady, 515 N.W.2d 816 (Neb. 1994). · cites it 2× “A-92-209 (not designated for permanent publication).”
Tail v. Olson, 14 N.W.2d 840 (Neb. 1944). · cites it 2× “1929, provides: “The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges, respectively, and may be reviewed as provided by law for appeal in civil cases.” Also, section 20-1911, Comp.”
State Ex Rel. Partin v. Jensen, 279 N.W.2d 120 (Neb. 1979). · cites it 3× “Section 29-2823, R. R. S. 1943, provides in part: “The proceedings upon any writ of habeas corpus shall be recorded by the clerk and judges respectively, and may be reviewed as provided by law for appeal in civil cases.”
Rhodes v. Meyer, 225 F. Supp. 80 (D. Neb. 1963). · cites it 2× “1943, Reissue of 1956; with this difference, however, that the' district court is, by constitution and statute, accorded the jurisdiction to review on appeal, Section 25-1901 R.R.S.Neb.1943, Reissue of 1956, and Article V, Section 17, Constitution of Nebraska, or on writ of…”
Application of Neudeck, 90 N.W.2d 254 (Neb. 1958). · cites it 2× “Section 29-2823, R. R. S. 1943, provides the appeal in habeas corpus proceedings shall be the same as in civil cases.”
Rhodes v. Van Steenberg, 225 F. Supp. 113 (D. Neb. 1963). · cites it 2× “To the County Court also is committed the jurisdiction to issue writs of habeas corpus, which is concurrent with the jurisdiction in that area, of the District Courts, with this provision, however, that the District Court is by constitution and statute accorded the jurisdiction…”
Williams v. Nelson, 16 N.W.2d 178 (Neb. 1944). · cites it 2× “” Responding thereto, section 29-2823, Comp. St. 1929, provides: “The proceedings upon any writ of habeas corpus shall be recorded by the clerk, and judges, respectively and may be reviewed as provided by law for appeal in civil cases.”
State Ex Rel. Miller v. Cavett, 80 N.W.2d 692 (Neb. 1957). “§ 29-2823, *588 R. R. S. 1943. In the case of an appeal to the district court in a civil action the plaintiff in the court below shall be the plaintiff in the district court, and the parties shall proceed, in all respects, in the same manner as though the action had been…”
Liles v. Reagan, 625 F. Supp. 1470 (D. Neb. 1986). · cites it 2× “Neb.Rev.Stat. § 29-2823. Applying the above principles to the factual allegations of plaintiffs’ complaint, the Court finds that Judge Reagan’s were clearly judicial acts.”
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.