Legal Opinion

Henderson v. Department of Correctional Services

Nebraska Supreme Court

Decided February 26, 1999No. S-98-169PublishedCited by 14 opinions

1Opinion of the CourtWright, J.

NATURE OF CASE

Steve Henderson appeals from the denial of his petition for writ of mandamus.

SCOPE OF REVIEW

Notwithstanding whether or not the parties raise the issue of jurisdiction, an appellate court has a duty to raise and determine the issue of jurisdiction sua sponte. Schmidt v. State, 255 Neb. 551, 586 N.W.2d 148 (1998).

FACTS

Pursuant to a plea of guilty, Henderson was convicted of incest, and subsequently, he was sentenced to incarceration for a period of not less than 372 nor more than 7 years. Henderson appealed his conviction to the Nebraska Court of Appeals, which summarily affirmed,…

2Cases cited13 opinions

  1. State v. SilversNebraska Supreme Court · 1998
  2. Taylor v. Troy State UniversitySupreme Court of Alabama · 1983
  3. Riley v. StateNebraska Supreme Court · 1993
  4. In Re Price S. RussellCourt of Appeals for the Eighth Circuit · 1998
  5. Lawry v. County of SarpyNebraska Supreme Court · 1998

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. Steinke v. LautenbaughNebraska Supreme Court · 2002
  2. State ex rel. Rhiley v. Nebraska State PatrolNebraska Supreme Court · 2018
  3. Burke v. Bd. of Trs. of the Neb. State Colls.Nebraska Supreme Court · 2019
  4. Vopalka v. AbrahamNebraska Supreme Court · 2000
  5. Gernstein v. LakeNebraska Supreme Court · 2000

9 more not listed; retrieve them via the Exa API.

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