Nebraska Revised Statutes
Neb. Rev. Stat. § 29-3004 (2026)
Appointment of counsel; competency and effectiveness; compensation
✓ current as of July 2026
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The district court may appoint not to exceed two attorneys to represent the prisoners in all proceedings under sections 29-3001 to 29-3004. The district court, upon hearing the application, shall fix reasonable expenses and fees, and the county board shall allow payment to the attorney or attorneys in the full amount determined by the court. The attorney or attorneys shall be competent and shall provide effective counsel.
Notes of Decisions
Cited in 29
cases (4 in the last 5 years), 1966–2023 · leading case: State v. Rice, 888 N.W.2d 159 (Neb. 2016).
State v. Rice, 888 N.W.2d 159 (Neb. 2016). “Although appointment of counsel in postconviction cases is discretionary, Neb. Rev. Stat. § 29-3004 (Reissue 2016) provides that once counsel has been appointed and appointed counsel has made application to the court, the court “shall” fix reason- able expenses and fees.”
State v. Hunt, 634 N.W.2d 475 (Neb. 2001). “But Hunt argues that Neb. Rev. Stat. § 29-3004 (Reissue 1995) provides a claim for ineffective assistance of postconviction counsel.”
State v. McGuire, 299 Neb. 762 (Neb. 2018). “27 However, he argues that he was denied due process of law because his counsel failed to meet the standard required under Neb. Rev. Stat. § 29-3004 (Reissue 2016), which provides that "[t]he district court may appoint not to exceed two attorneys to represent the prisoners in…”
State v. Becerra, 642 N.W.2d 143 (Neb. 2002). “Neb. Rev. Stat. § 29-3001 (Reissue 1995) provides in part: A prisoner in custody under sentence and claiming a right to be released on the ground that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable under the…”
State v. Becerra, 624 N.W.2d 21 (Neb. 2001). “Becerra contends, however, that a right to the effective assistance of postconviction counsel arises from Neb. Rev. Stat. § 29-3004 (Reissue 1995), which provides: The district court may appoint not to exceed two attorneys to represent the prisoners in all proceedings under…”
Gibson v. Turpin, 513 S.E.2d 186 (Ga. 1999). “§ 46-21-201 (1997); Neb.Rev.Stat.Ann. § 29-3004 (Michie 1995) (subject to judicial discretion); Nev.”
State v. Otey, 464 N.W.2d 352 (Neb. 1991). “On appeal to this court, Otey, represented by Jerry Soucie, in substance presents the same arguments listed above, except that he omits in his assignments of error and does not brief the contentions set forth in numbers five and six. Otey contends in his sixth and seventh…”
D.I. v. Gibson, 890 N.W.2d 506 (Neb. 2017). “But a statutory path exists nonetheless, and the State’s supplemental brief follows it up to a point. [6] The first step is the SOCA’s incorporation of specific rights enumerated in the Nebraska Mental Health Commitment Act.”
State v. Britt, 310 Neb. 69 (Neb. 2021). “ANALYSIS 1. Postconviction Principles [2,3] Postconviction relief is available to a prisoner in cus- tody under sentence who seeks to be released on the ground that there was a denial or infringement of his or her constitu- tional rights such that the judgment was void or…”
State v. Boppre, 567 N.W.2d 149 (Neb. 1997). “See, also, Neb. Rev. Stat. § 29-3004 (Reissue 1995).”
State v. Paulson, 320 N.W.2d 115 (Neb. 1982). “2d 377 (1967); Neb. Rev. Stat. § 29-3004 (Reissue 1979).”
In re Claim of Roberts for Attorney Fees, 307 Neb. 346 (Neb. 2020). “, Rice, supra note 7 (holding that once counsel is appointed in postconviction case, Neb. Rev. Stat. § 29-3004 (Reissue 2016) requires court to fix reasonable fees and expenses); State v.”
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