BERRY v. WOLFF

No. 39777.

228 N.W.2d 885 (1975)

193 Neb. 717

Nolan L. BERRY, Jr., Appellant, v. Charles L. WOLFF, Warden, Nebraska Penal Complex, Appellee.

Supreme Court of Nebraska.

May 8, 1975.


Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Special Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


NEWTON, Justice.

This is a habeas corpus proceeding wherein the question presented is whether the application of section 83-1, 111(5), R.R.S. 1943, as amended in 1972, is ex post facto as to the defendant who had been convicted and placed on discretionary parole before the amendment was effective. Judgment was entered against the defendant in the District Court and it is affirmed.

Section 83-1, 111(5), as amended in 1972, provided for mandatory parole and...

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