Nebraska LB448 amends the Postconviction Relief Act to allow claims of actual innocence and modify time limitations and procedural defaults.
Nebraska LB448, also known as the Postconviction Relief Act, provides for postconviction relief for claims of actual innocence. It allows prisoners to file verified motions within one year of the final judgment or other specified dates. The bill defines actual innocence and allows for the consideration of exculpatory DNA testing results and other evidence. It also allows courts to excuse procedural defaults or time limitations to prevent manifest injustice. The act provides for the disclosure of certain files by attorneys, law enforcement, and prosecutors, and allows for discovery.
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- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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