Case v. Nebraska
U.S.
Citation analytics
How this case sits in the citation network, derived from CiteLaw's graph of published opinions.
Citations by decade
Courts citing this case
Most recently cited by10
- 2025Russell Lee Maze and Kaye M. Maze v. State of Tennessee Tenn. Crim. App.
- 2024Tatum v. Commissioner of Correction Conn.
- 2022Cook v. State Ga.
- 2022Corinio Pruitt v. State of Tennessee Tenn. Crim. App.
- 2021Terry Lynn King v. State of Tennessee Tenn. Crim. App.
- 2021Davis v. Warden Chillicothe Correctional Institution S.D. Ohio
- 2020Nicholas Todd Sutton v. State of Tennessee Tenn. Crim. App.
- 2020Freddie Lewis Osborne v. State of Tennessee Tenn. Crim. App.
- 2019Harold Wayne Nichols v. State of Tennessee Tenn. Crim. App.
- 2018Maria T. v. Jeremy S. Neb.
Cites 1 case
- Case v. State
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Opinion
CASE v. NEBRASKA.
Attorneys
- Daniel J. Meador, by appointment of the Court, 379 U. S. 995, argued the cause and filed a brief for petitioner.
- Melvin Kent Kammerlohr, Assistant Attorney General of Nebraska, argued the cause for respondent. With him on the brief was Clarence A. H. Meyer, Attorney General.
Petitioner sought a writ of habeas corpus in the District Court for Lancaster County, Nebraska, alleging that he was unconstitutionally denied the assistance of counsel when he entered a plea of guilty in that court to a charge of burglary. The trial court dismissed the petition without a hearing, and filed no opinion. The Nebraska Supreme Court affirmed. 177 Neb. 404, 129 N. W. 2d 107. The Supreme Court’s opinion recognized that petitioner’s allegations, if true, would establish a violation of the Federal Constitution. 177 Neb., at 410,129 N. W. 2d, at 111. The Supreme Court held, however, that, in Nebraska, “Habeas corpus is not available to discharge a prisoner from a sentence of penal servitude if the court imposing it had jurisdiction of the offense and of the person charged with the crime, and the sentence was within the power of the court.” 177 Neb., at 412, 129 N. W. 2d, at 112. We granted certiorari, 379 U. S. 958, to decide whether the Fourteenth Amendment requires that the States afford state prisoners some adequate corrective process for the hearing and determination of claims of violation of federal constitutional guarantees.
After certiorari was granted, the Nebraska Legislature enacted a statute providing a postconviction procedure. Neb. Leg. Bill 836, Seventy-fifth Session, effective April 12, 1965. On its face, the statute provides for a hearing of petitions such as this one, alleging denial of federal constitutional rights. Therefore, the judgment is vacated and the cause remanded to the Nebraska Supreme Court for reconsideration in light of the supervening statute.
It is so ordered.