Nebraska Revised Statutes
Neb. Rev. Stat. § 29-4603 (2026)
Recovery; claimant; proof required
✓ current as of July 2026
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In order to recover under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, the claimant shall prove each of the following by clear and convincing evidence:
(1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the sentence;
(2) With respect to the crime or crimes under subdivision (1) of this section, that the Board of Pardons has pardoned the claimant, that a court has vacated the conviction of the claimant, or that the conviction was reversed and remanded for a new trial and no subsequent conviction was obtained;
(3) That he or she was innocent of the crime or crimes under subdivision (1) of this section; and
(4) That he or she did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or the conviction of another, with respect to the crime or crimes under subdivision (1) of this section, except that a guilty plea, a confession, or an admission, coerced by law enforcement and later found to be false, does not constitute bringing about his or her own conviction of such crime or crimes.
Notes of Decisions
Cited in 11
cases, 2013–2019 · leading case: Marie v. State, 302 Neb. 217 (Neb. 2019).
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016). “Neb. Rev. Stat. § 29-4603 (2015). E. Model Legislation.”
Nadeem v. State, 298 Neb. 329 (Neb. 2017). “Under Neb. Rev. Stat. § 29-4603 (Reissue 2016), a party alleging a wrongful conviction claim must plead (1) conviction and sentence for a felony for which the party has served at least part of the sentence; (2) pardon, vacation of the conviction, or reversal and remand without a…”
Hess v. State, 287 Neb. 559 (Neb. 2014). “4 [2] The findings of fact of the trial court in a proceed ing under the State Tort Claims Act have the effect of jury findings and will not be disturbed on appeal unless they are clearly wrong.5 ANALYSIS Wrongful Conviction Claim In his first and second assignments of error,…”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013). “§ 11-44-3(1)(c) (West 2013); Neb.Rev.Stat. Ann. § 29-4603(2) (LexisNexis 2009); N.”
Nadeem v. State, 24 Neb. Ct. App. 825 (Neb. Ct. App. 2017). “Act, the claimant shall prove each of the following by clear and convinc- ing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the…”
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). “§ 53-1-214(1); Neb.Rev.Stat. Ann. § 29-4603(1) (West, Westlaw current through 2014 Reg.”
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
Dean v. State (Neb. 2014). “The prerequisites for recovery are set forth in § 29-4603, which states that to prevail, a claimant must, by clear and convincing evidence, prove: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprison- ment for such felony…”
Amended August 23, 2016 Nick C. Rhoades v. State of Iowa (Iowa 2016). “Neb. Rev. Stat. § 29-4603 (2015). E. Model Legislation.”
In re Interest of Marcella G. (Neb. 2014). “In a civil case, the admission or exclusion of evidence is not reversible error unless it unfairly prejudiced a substantial right of the com plaining party.20 A review of the order demonstrates that the district court did not consider these convictions in reference to the…”
— Neb. Rev. Stat. § 29-4603(1) — 2 cases
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). “§ 53-1-214(1); Neb.Rev.Stat. Ann. § 29-4603(1) (West, Westlaw current through 2014 Reg.”
Nadeem v. State, 24 Neb. Ct. App. 825 (Neb. Ct. App. 2017). “Act, the claimant shall prove each of the following by clear and convinc- ing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the…”
— Neb. Rev. Stat. § 29-4603(2) — 5 cases
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013). “§ 11-44-3(1)(c) (West 2013); Neb.Rev.Stat. Ann. § 29-4603(2) (LexisNexis 2009); N.”
Hess v. State, 287 Neb. 559 (Neb. 2014). “4 [2] The findings of fact of the trial court in a proceed ing under the State Tort Claims Act have the effect of jury findings and will not be disturbed on appeal unless they are clearly wrong.5 ANALYSIS Wrongful Conviction Claim In his first and second assignments of error,…”
Nadeem v. State, 24 Neb. Ct. App. 825 (Neb. Ct. App. 2017). “Act, the claimant shall prove each of the following by clear and convinc- ing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the…”
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
— Neb. Rev. Stat. § 29-4603(3) — 5 cases
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
Nadeem v. State, 298 Neb. 329 (Neb. 2017). “Under Neb. Rev. Stat. § 29-4603 (Reissue 2016), a party alleging a wrongful conviction claim must plead (1) conviction and sentence for a felony for which the party has served at least part of the sentence; (2) pardon, vacation of the conviction, or reversal and remand without a…”
Hess v. State, 287 Neb. 559 (Neb. 2014). “4 [2] The findings of fact of the trial court in a proceed ing under the State Tort Claims Act have the effect of jury findings and will not be disturbed on appeal unless they are clearly wrong.5 ANALYSIS Wrongful Conviction Claim In his first and second assignments of error,…”
Nadeem v. State, 24 Neb. Ct. App. 825 (Neb. Ct. App. 2017). “Act, the claimant shall prove each of the following by clear and convinc- ing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the…”
Marie v. State, 302 Neb. 217 (Neb. 2019). “Section 29-4603 sets forth the requirements for an individual to recover under the Act: In order to recover under the .”
— Neb. Rev. Stat. § 29-4603(4) — 2 cases
Dean v. State (Neb. 2014). “The prerequisites for recovery are set forth in § 29-4603, which states that to prevail, a claimant must, by clear and convincing evidence, prove: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprison- ment for such felony…”
Nadeem v. State, 24 Neb. Ct. App. 825 (Neb. Ct. App. 2017). “Act, the claimant shall prove each of the following by clear and convinc- ing evidence: (1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the…”
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