The county judge shall be allowed the sum of five dollars for every allowance of the writ of habeas corpus and the hearing and determining of the case upon the return of the writ, which sum, together with the fees of the clerk, sheriff, and witnesses in the case, shall be taxed by the judge on his or her return of proceedings on the writ, and the same shall be taxed and collected as part of the original costs in the case whenever the person brought before the judge on the writ was in custody by virtue of the proceedings in any case in which such person is charged or attempted to be charged with the commission of any criminal offense, and when such person shall either be held to bail, or shall be remanded to custody by the judge, but when such person shall be wholly discharged by the judge the costs shall be taxed to the state, and paid out of the county treasury of the proper county, upon the order of the county board; Provided, no person or officer shall have the right to demand the payment in advance of any fees which such person or officer may be entitled to by virtue of such proceedings on habeas corpus, when the writ shall have been issued or demanded for the discharge from custody of any person confined under color of proceedings in any criminal case.
Notes of Decisions
Cited in
7
cases, 1967–2018 · leading case:
Mumin v. Frakes, 298 Neb. 381 (Neb. 2017).
Mumin v. Frakes, 298 Neb. 381 (Neb. 2017).
· cites it 4× “”10 The IFP statutes authorize any county or state court, except the Workers’ Compensation Court, to authorize “the com- mencement, prosecution, defense, or appeal therein, of a civil or criminal case in forma pauperis.”
State v. Jackson, 730 N.W.2d 827 (Neb. Ct. App. 2007).
· cites it 6× “” Neb. Rev. Stat. § 29-2824 (Reissue 1995) specifies that in habeas corpus cases, “the fees of the clerk, sheriff, and witnesses in the case” shall be “taxed by the [court].”
D.I. v. Gibson, 890 N.W.2d 506 (Neb. 2017).
· cites it 2× “§ 29-2819 (Reissue 2016) “authorizes a court in a habeas corpus action to ‘make such order as to costs as the case may require’”11 and that Neb. Rev. Stat. § 29-2824 (Reissue 2016), which specifies fees taxable as costs in a habeas corpus pro- ceeding, did not provide for an…”
Anderson v. Houston, 766 N.W.2d 94 (Neb. 2009).
· cites it 2× “[20] Neb.Rev.Stat. § 29-2824 (Reissue 2008) specifies various fees which can be taxed as costs in a habeas corpus proceeding, but there is no provision for an award of attorney fees.”
Campbell v. Hansen, 298 Neb. 669 (Neb. 2018).
· cites it 2× “10 See Neb. Rev. Stat. § 29-2824 (Reissue 2016).”
Buggs v. Frakes, 298 Neb. 432 (Neb. 2017).
· cites it 7× “On August 31, 2016, Buggs filed a motion for postponement of fees in the district court, citing as authority Neb. Rev. Stat. § 29-2824 (Reissue 2016).”
State v. Konvalin, 149 N.W.2d 755 (Neb. 1967).
“The Post Conviction Act provides that: “Costs shall be taxed as in habeas corpus cases.” § 29-3001, R. S. Supp., 1965. The habeas corpus statute mentions fees of the county judge, clerk, sheriff, and witnesses as costs but contains no provision regarding the appointment of…”
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.