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State of Nebraska v. Jason M. Leatherwood
Date: 11-03-2025
Case Number:
Judge: Jodi L. Nelson
Court: District Court, Lancaster County, Nebraska
Plaintiff's Attorney: Lancaster County, Nebraska, County Attorney's Office
Defendant's Attorney:
Click Here For The Best Lincoln Criminal Defense Law Lawyer Directory
Description:
Lincoln, Nebraska, criminal defense lawyer represented the Defendant seeking a writ of habeas corpus ad prosequendum.
Legal issue Is a prisoner borrowed from federal custody via a writ of habeas corpus ad prosequendum entitled to receive credit for time served on state charges?
Headnote
CRIMINAL LAW. CREDIT FOR TIME SERVED. The case addresses whether a prisoner temporarily borrowed from federal custody under a writ of habeas corpus ad prosequendum for prosecution in state court is entitled to receive credit on state charges for time spent in custody. The court concluded that primary jurisdiction remains with the federal authorities, and thus, credit for time served is attributed to the federal sentence, not the state sentence.
CRIMINAL PROCEDURE. STATUTORY INTERPRETATION. The court interpreted Neb. Rev. Stat. § 83-1,106(1) regarding the entitlement of credit for time served, emphasizing that credit is attributable only to the charge causing the custody, and may only be awarded once. The court emphasized that in dual jurisdiction situations, credit must be applied to the sovereign with primary jurisdiction.
Key Phrases Sentences: Statutory interpretation. Calculation and application of credit. Primary jurisdiction holder. Writ of habeas corpus ad prosequendum. Credit for time served.
Legal issue Is a prisoner borrowed from federal custody via a writ of habeas corpus ad prosequendum entitled to receive credit for time served on state charges?
Headnote
CRIMINAL LAW. CREDIT FOR TIME SERVED. The case addresses whether a prisoner temporarily borrowed from federal custody under a writ of habeas corpus ad prosequendum for prosecution in state court is entitled to receive credit on state charges for time spent in custody. The court concluded that primary jurisdiction remains with the federal authorities, and thus, credit for time served is attributed to the federal sentence, not the state sentence.
CRIMINAL PROCEDURE. STATUTORY INTERPRETATION. The court interpreted Neb. Rev. Stat. § 83-1,106(1) regarding the entitlement of credit for time served, emphasizing that credit is attributable only to the charge causing the custody, and may only be awarded once. The court emphasized that in dual jurisdiction situations, credit must be applied to the sovereign with primary jurisdiction.
Key Phrases Sentences: Statutory interpretation. Calculation and application of credit. Primary jurisdiction holder. Writ of habeas corpus ad prosequendum. Credit for time served.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Nebraska v. Jason M. Leatherwood?
The outcome was: Affirmed
Which court heard State of Nebraska v. Jason M. Leatherwood?
This case was heard in District Court, Lancaster County, Nebraska, NE. The presiding judge was Jodi L. Nelson.
Who were the attorneys in State of Nebraska v. Jason M. Leatherwood?
Plaintiff's attorney: Lancaster County, Nebraska, County Attorney's Office. Defendant's attorney: Click Here For The Best Lincoln Criminal Defense Law Lawyer Directory.
When was State of Nebraska v. Jason M. Leatherwood decided?
This case was decided on November 3, 2025.