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ANDERSON v. HOUSTON

Nos. S-05-1561, S-06-206.

744 N.W.2d 410 (2008)

274 Neb. 916

David J. ANDERSON, appellee, v. Robert HOUSTON, director, Nebraska Department of Correctional Services, appellant.

Supreme Court of Nebraska.

February 1, 2008.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, Kimberley Taylor-Riley, and Ryan Gilbride for appellant.

Michael D. Nelson and Cathy R. Saathoff, Omaha, of Nelson Law, L.L.C., and April L. O'Loughlin, of O'Loughlin Law, P.C., for appellee.

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

HEAVICAN, C.J.

I. INTRODUCTION

David J. Anderson, an inmate at the Nebraska State Penitentiary in Lancaster County, filed a writ of habeas corpus in the district court for Douglas County. In his writ, Anderson requested sentence credit for time he spent at liberty after the Nebraska Department of Correctional Services (Department) mistakenly released Anderson long before his sentences were to expire. After concluding that it had jurisdiction over the matter...

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