TYLER v. HOUSTON

No. S-07-101.

728 N.W.2d 549 (2007)

273 Neb. 100

Billy R. TYLER, petitioner, v. Robert P. HOUSTON, director, Nebraska Department of Correctional Services, respondent.

Supreme Court of Nebraska.

February 23, 2007.


Attorney(s) appearing for the Case

James R. Mowbray and Jerry L. Soucie, of Nebraska Commission on Public Advocacy, for petitioner.

Jon Bruning, Attorney General, and Linda L. Willard for respondent.

HEAVICAN, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


GERRARD, J.

The issue in this original action for writ of habeas corpus is whether the time that Billy R. Tyler was free on bond, pursuant to an order of the district court granting a writ of habeas corpus, should be credited against the sentence that Tyler was required to complete after the district court's order was reversed on appeal.

BACKGROUND

The petitioner, Tyler, is an inmate committed to the custody of the Nebraska Department of Correctional...

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