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

Neb. Rev. Stat. § 29-3002 (2026)

Postconviction relief; order; appeal; recognizance

✓ current as of July 2026
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An order sustaining or overruling a motion filed under sections 29-3001 to 29-3004 shall be deemed to be a final judgment, and an appeal may be taken from the district court as provided for in appeals in civil cases. A prisoner may, in the discretion of the appellate court and upon application to the appellate court, be released on such recognizance as the appellate court fixes pending the determination of the appeal.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1971–2024 · leading case: State v. Lotter, 917 N.W.2d 850 (Neb. 2018).
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State v. Lotter, 917 N.W.2d 850 (Neb. 2018). · cites it 3× “28 It is appealable because an order overruling a motion for postconviction relief as to a claim is a "final judgment" as to such claim under Neb. Rev. Stat. § 29-3002 (Reissue 2016).”
State v. Privett, 303 Neb. 404 (Neb. 2019). · cites it 2× “2018); Neb. Rev. Stat. § 29-3002 (Reissue 2016).”
State v. Lotter, 301 Neb. 125 (Neb. 2018). · cites it 6× “An order overruling a motion for post- conviction relief as to a claim is a “final judgment” as to such claim under Neb. Rev. Stat. § 29-3002 (Reissue 2016).”
State v. Hudson, 727 N.W.2d 219 (Neb. 2007). · cites it 6× “§§ 29-3001 to 29-3004 (Reissue 1995), and we note that under § 29-3002, an appeal may be taken from an order which sustains or overrules a motion for postconviction relief.”
State v. Robertson, 881 N.W.2d 864 (Neb. 2016). “28 § 29-3002. 29 § 29-3003. 30 See State v. Stewart, 242 Neb.”
State v. Koch, 304 Neb. 133 (Neb. 2019). · cites it 4× “It is appealable because an order overruling a motion for postconviction relief as to a claim is a “final judgment” as to such claim under Neb. Rev. Stat. § 29-3002 (Reissue 2016).”
State v. Jones, 650 N.W.2d 798 (Neb. 2002). “§ 29-3002. Any county or state court, except the Nebraska Workers’ Compensation Court, may authorize the commencement, prosecution, defense, or appeal therein, of a civil or criminal case in forma pauperis.”
State v. Betancourt-Garcia, 967 N.W.2d 111 (Neb. 2021). · cites it 3× “Such an order is appealable because as to the denied claim, it is a “final judgment” under Neb. Rev. Stat. § 29-3002 (Reissue 2016).”
State v. Harris, 307 Neb. 237 (Neb. 2020). “While our postconviction statutes do specifically provide that appeals may be taken from the district court as provided for appeals in civil cases, see § 29-3002, that provision did not dissuade us from allowing a civil appeal path in cases involving pro- ceedings under the DNA…”
State v. Poindexter, 766 N.W.2d 391 (Neb. 2009). · cites it 2× “[15] In addition, an order denying an evidentiary hearing on a postconviction claim is a final judgment as to such claim under Neb. Rev. Stat. § 29-3002 (Reissue 2008).”
State v. Stickney, 384 N.W.2d 301 (Neb. 1986). · cites it 2× “Neb. Rev. Stat. § 29-3002 (Reissue 1979) requires that an appeal from an order overruling a motion for post conviction relief be taken “as provided for in appeals in civil cases.”
State v. Carpenter, 185 N.W.2d 663 (Neb. 1971). “See § 29-3002, R. S. Supp., 1969; § 25-1912, R.”
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