Nebraska Supreme Court· 2/20/2009

State v. Sims

Citations

761 N.W.2d 527
277 Neb. 192

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding when sentence is validly imposed, trial court cannot modify, amend, or revise during term of imposition
explaining that the “purpose of [an order nunc pro tunc] is to correct the record which has been made, so that it will truly record the action really had, but which through some inadvertence or mistake has not been truly recorded” (alteration in original) (citation omitted)
order nunc pro tunc can correct discrepancy in written sentencing order to accurately reflect sentence pronounced at sentencing hearing
“[A]n appellate court will not entertain a successive motion for postconviction relief unless the motion affirmatively shows on its face that the basis relied upon for relief was not available at the time the movant filed the prior motion.”
sentence validly imposed takes effect from time it is pronounced and cannot be modified, amended, or revised in any way, either during or after term or session of court at which sentence was imposed; any attempt to do so is of no effect, and original sentence remains in force
defendant filed motion to alter or amend

Source: CourtListener parenthetical corpus (CC0).

Judges: Heavican

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Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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