Upon a showing by the person that DNA testing may be relevant to the person's claim of wrongful conviction, the court shall appoint counsel for an indigent person as follows:
(1) The court shall first contact the chief counsel for the Commission on Public Advocacy to inquire if the commission is able to accept the appointment. If the chief counsel determines that the commission can accept the appointment, then the court shall appoint the commission pursuant to the County Revenue Assistance Act; and
(2) If the chief counsel declines the appointment because of a conflict of interest or the case would exceed the caseload standards set by the commission, then the court shall appoint an attorney licensed to practice law in this state with at least five years experience in felony litigation to represent the indigent person at all stages of the proceedings. Counsel appointed under this subdivision, other than the public defender, shall obtain leave of court before proceeding beyond an initial direct appeal to either the Court of Appeals or the Supreme Court to any further direct, collateral, or postconviction appeals to state or federal courts. Counsel appointed under this subdivision shall file an application for fees and expenses in the district court which appointed him or her for all fees and expenses reasonably necessary to permit him or her to effectively and competently represent the client. The court, upon hearing the application, shall fix reasonable attorney's fees and expenses. The court's order shall require that such fees and expenses be paid by the Commission on Public Advocacy from funds appropriated by the Legislature. Upon receipt of the order, the commission shall pay such fees and expenses in the full amount determined by the court.
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 2003–2026 · leading case:
State v. Poe, 717 N.W.2d 463 (Neb. 2006).
State v. Poe, 717 N.W.2d 463 (Neb. 2006).
· cites it 5× “We note that § 29-4122 of the DNA Testing Act provides in part: Upon a showing by the person that DNA testing may be relevant to the person’s claim of wrongful conviction, the court shall appoint counsel for an indigent person as follows: (1) The court shall first contact the…”
State v. Dean, 708 N.W.2d 640 (Neb. 2006).
· cites it 2× “Dean also filed a motion for discovery and a request for appointment of counsel pursuant to § 29-4122. The State filed a motion and brief to deny Dean’s requests.”
State v. Myers, 919 N.W.2d 893 (Neb. 2018).
“23 § 29-4122. 24 State v. Betancourt-Garcia , supra note 7.”
State v. Marrs, 888 N.W.2d 721 (Neb. 2016).
“9 Claim preclusion, which we have referred to in the past as “res judi- cata,” bars the relitigation of a claim that has been directly addressed or necessarily included in a former adjudication.”
State v. Phelps, 727 N.W.2d 224 (Neb. 2007).
“See § 29-4122. Because Phelps did not show that DNA testing may be relevant to his claim of wrongful conviction, the court did not abuse its discretion in denying his request for appointment of counsel.”
State v. Robbins, 900 N.W.2d 745 (Neb. 2017).
“Pursuant to § 29-4122, the court appointed counsel to represent Robbins’ claim under the Act.”
State v. Myers, 937 N.W.2d 181 (Neb. 2020).
“Freudenberg, J., not participating. 36 Id.”
State v. Poe, 665 N.W.2d 654 (Neb. 2003).
“Having previously concluded that the district court failed to determine whether the requested DNA testing would be relevant, we further remand this cause to the district court to determine whether, consistent with this opinion, “a showing [has been made by Poe] that DNA testing…”
State v. Jacob, 960 N.W.2d 327 (Neb. 2021).
“Jacob argues that the court rule does not apply because his motion to alter or amend did not require a hearing.”
State v. Valdez, No. A-21-843 (Neb. Ct. App. Sept. 6, 2022).
· cites it 2× “Neb. Rev. Stat. § 29-4122 (Reissue 2016).”
State v. Mata, 36 N.W.3d 432 (Neb. 2026).
· cites it 2× “Mata claims that as a result of this representation, Straetker owed Gomez’ grandfather a “duty of continued loyalty” that was incompatible with his representation of Mata, and he did not secure Mata’s waiver of the conflict.”
Neb. Rev. Stat. § 29-4122(2): 1 case
State v. Poe, 717 N.W.2d 463 (Neb. 2006).
“We note that § 29-4122 of the DNA Testing Act provides in part: Upon a showing by the person that DNA testing may be relevant to the person’s claim of wrongful conviction, the court shall appoint counsel for an indigent person as follows: (1) The court shall first contact the…”
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