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Legal Opinion

Opinion No. (1998)

Nebraska Attorney General Reports

Decided February 18, 1998Published

1Opinion of the Court

REQUESTED BY: Harold W. Clarke, Director Nebraska Department of Correctional Services You have asked several questions about the proper interpretation of determinate sentences. A determinate or "flat" sentence states only one term of years. An indeterminate sentence includes a maximum term to be used to compute the defendant's discharge date, and a minimum term to be used to compute the defendant's parole eligibility date.

Before addressing your questions, we will summarize the recent statutory changes affecting determinate and indeterminate sentencing in Nebraska.

In 1972, the Nebraska…

2Cases cited8 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. California Department of Corrections v. MoralesSupreme Court of the United States · 1995
  3. Anderson v. Nashua Corp.Nebraska Supreme Court · 1994
  4. In Re Guardianship of BloomquistNebraska Supreme Court · 1994
  5. State v. JoubertNebraska Supreme Court · 1994

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