For purposes of sections 29-3901 to 29-3908:
(1) County conflict counsel has the same meaning as in section 29-3934;
(2) Court means a district court or a county court;
(3) Felony defendant means a person who is charged by complaint, information, or indictment with or who is under arrest for investigation or on suspicion that he or she may have committed any criminal offense which may be punishable by imprisonment in a Department of Correctional Services adult correctional facility;
(4) Indigent means the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family. Before a felony defendant's initial court appearance, the determination of his or her indigency shall be made by the public defender, but thereafter it shall be made by the court; and
(5) Judge means a judge of the district court, a judge of the county court, or a clerk magistrate.
Notes of Decisions
Cited in
7
cases, 1993–2018 · leading case:
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
· cites it 2× “Neb. Rev. Stat. § 29-3902 (Reissue 2016).”
Mathews v. Mathews, 676 N.W.2d 42 (Neb. 2004).
· cites it 2× “Neb. Rev. Stat. §§ 29-3901 (3) (Reissue 1995) and 83-1008 (Cum.”
State on behalf of Maria B. & Renee B. v. Kyle B., 298 Neb. 759 (Neb. 2018).
· cites it 2× “” A court may find indigency for purposes of appointment of counsel based alone on a situation where expenses exceed income, and a person is not required to prejudice one’s financial ability to provide economic necessi- ties for oneself or one’s family in order to be determined…”
State v. Dill, 300 Neb. 344 (Neb. 2018).
· cites it 2× “37 Neb. Rev. Stat. § 29-3902 (Reissue 2016).”
State v. Dawn, 519 N.W.2d 249 (Neb. 1994).
· cites it 2× “Because the district court has explicit statutory authority under Neb. Rev. Stat. § 29-3901 et seq. (Cum. Supp.”
State v. Dean, 510 N.W.2d 87 (Neb. Ct. App. 1993).
· cites it 2× “Neb. Rev. Stat. § 29-3901 et seq. (Cum. Supp.”
State v. Stott, 576 N.W.2d 843 (Neb. Ct. App. 1998).
· cites it 2× “However, because Stott does not claim that her jail sentence was outside the penalties authorized by the ordinance, we treat the offense as one punishable by imprisonment and therefore as one which requires the appointment of a public defender if she is indigent, as defined in…”
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