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

Neb. Rev. Stat. § 29-3003 (2026)

Postconviction remedy; cumulative; dismissal; when

✓ current as of July 2026
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The remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state. Any proceeding filed under the provisions of sections 29-3001 to 29-3004 which states facts which if true would constitute grounds for relief under another remedy shall be dismissed without prejudice.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1967–2024 · leading case: State v. Harris, 292 Neb. 186 (Neb. 2015).
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State v. Harris, 292 Neb. 186 (Neb. 2015). · cites it 13× “Harris appeals the order of the district court which dismissed his motion for postconviction relief without preju- dice pursuant to Neb. Rev. Stat. § 29-3003 (Reissue 2008), because it was filed simultaneously with a motion for new trial and a motion for writ of error coram…”
State v. Harris, 296 Neb. 317 (Neb. 2017). · cites it 4× “8 See Neb. Rev. Stat. § 29-3003 (Reissue 2016).”
State v. Molina, 713 N.W.2d 412 (Neb. 2006). · cites it 2× “§ 29-3003 (Reissue 1995) provides in part that “[t]he remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state.” The phrase “any other remedy” encompasses a direct appeal when the…”
State v. Robertson, 881 N.W.2d 864 (Neb. 2016). “29 § 29-3003. 30 See State v. Stewart, 242 Neb.”
State v. Abdullah, 289 Neb. 123 (Neb. 2014). · cites it 2× “123 an intersection of this waiver rule for raising known or appar- ent ineffective assistance of trial counsel claims with another waiver rule: An alleged error must be both specifically assigned and specifically argued in the appellate brief in order to be considered by an…”
State v. Jerke, 302 Neb. 372 (Neb. 2019). “14 See, § 29-3003; Gonzalez , supra note 1. 15 See State v.”
State v. Hessler, 886 N.W.2d 280 (Neb. 2016). “2d 762 (2015), § 29-3003 provides that relief under that act “is not intended to be concurrent with any other remedy existing in the courts of this state,” including a writ of error coram nobis.”
State v. Dunster, 769 N.W.2d 401 (Neb. 2009). “[38] § 29-3003. [39] Molina, supra note 32 . [40] See id.”
State v. Boeggeman, 316 Neb. 581 (Neb. 2024). · cites it 2× “31 § 29-3003. 32 State v. Harris, 292 Neb. 186 , 871 N.”
State v. Gonzalez, 830 N.W.2d 504 (Neb. 2013). “Constitution. When such a right is at issue and there is no other means of vindicating it, we refuse to deny a defendant due process of law.”
State v. McKinney, 777 N.W.2d 555 (Neb. 2010). “[24] § 29-3003. [25] State v. Molina, 271 Neb.”
State v. Turner, 231 N.W.2d 345 (Neb. 1975). · cites it 2× “, 1974, provides: “The remedy provided by sections 29-3001 to 29-3004 is cumulative and is not intended to be concurrent with any other remedy existing in the courts of this state. Any proceeding filed under the provisions of sections 29-3001 to 29-3004 which states facts which…”
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