Addison v. Parratt, 42665
| Decision Date | 23 October 1979 |
| Docket Number | No. 42665,42665 |
| Citation | 204 Neb. 656,284 N.W.2d 574 |
| Parties | Eddie ADDISON, Appellant, v. Robert PARRATT, Warden, Nebraska Penal and Correctional Complex, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
Criminal Law: Habeas Corpus: Prisoners. An application for a writ of habeas corpus to release a prisoner confined under sentence of court must be brought in the county where the prisoner is confined.
Roger C. Lott, Lincoln, for appellant.
Paul L. Douglas, Atty. Gen. and J. Kirk Brown, Lincoln, for appellee.
Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.
Petitioner's application for a writ of habeas corpus was dismissed by the District Court for lack of jurisdiction. Petitioner appeals.
In his application petitioner alleged he had been convicted of various felonies in the District Courts for Sheridan, Dawes, and Scotts Bluff Counties, Nebraska, and the Circuit Court of Pennington County, South Dakota, and three additional felonies in the District Court for Sheridan County, each resulting in enhanced sentences under the habitual criminal statute, section 29-2221, R.R.S.1943, based on his prior convictions set forth above. He further alleged that his convictions as to the habitual criminal counts were void because the multiple use of the same past convictions constitutes double jeopardy and cruel and unusual punishment, so as to deprive him of due process of law and equal protection of the laws. In addition, he attached to his application, as exhibits, motions to vacate judgments and sentences relating to District Court for Sheridan County cases, Nos. C-1406, C-1407, and C-1443, and District Court for Dawes County case No. 10161 generally on grounds of incompetent counsel. There is no way to determine from the record whether these latter cases are the same ones referred to in his application.
He asked that respondent show cause why petitioner's custody by him was not illegal and that upon hearing petitioner be discharged from respondent's custody.
On February 6, 1979, the trial judge wrote to the petitioner stating that he assumed "that but one case is to be filed which is the Application for a Writ of Habeas Corpus, and that the four 'Motions to Vacate and Set Aside Judgment and Sentence Entered Herein' are to be attached as exhibits to that application." He went on to advise that the application would be taken up the morning of February 14, 1979. Petitioner did...
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O'Neal v. State
...in the Lincoln Penitentiary, which is not located in Douglas County. Thus, this Court lacks jurisdiction. See Addison v. Parratt, 204 Neb. 656, 284 N.W.2d 574 (1979) (finding dismissal by the district court in Sheridan County of a petition for habeas corpus appropriate when the petitioner a......
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Anderson v. Houston
...§ 29-2801 (Reissue 1995) (emphasis supplied). 9. Gillard, supra note 1, 105 Neb. at 87, 179 N.W. at 398. See, also, Addison v. Parratt, 204 Neb. 656, 284 N.W.2d 574 (1979). 10. Gillard, supra note 1, 105 Neb. at 87, 179 N.W. at 398. 11. See Tyler v. Houston, 273 Neb. 100, 728 N.W.2d 549 (20......
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Harrison v. Dep't of Corr. Servs.
...and the respondents are located in Tecumseh, Nebraska, and (2) Tecumseh is not located in Douglas County. Citing to Addison v. Parratt, 204 Neb. 656, 284 N.W.2d 574 (1979), and Gillard v. Clark, 105 Neb. 84, 179 N.W. 396 (1920), the court found that it lacked jurisdiction and denied Harriso......
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