Nichols v. Gunter

Nebraska Supreme Court

Nichols v. Gunter

407 N.W.2d 203, 225 Neb. 638, 1987 Neb. LEXIS 930

CourtNebraska Supreme Court

DecidedJune 12, 1987

DocketNo. 87-075

StatusPublished

This text of 407 N.W.2d 203 (Nichols v. Gunter) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nichols v. Gunter, 407 N.W.2d 203, 225 Neb. 638, 1987 Neb. LEXIS 930 (Neb. 1987).

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Opinion

Per Curiam.

In a declaratory judgment action brought by Cecil M. Nichols, the district court for Lancaster County held that the Nebraska Department of Correctional Services lacked authority to withhold credit for meritorious good time, see Neb. Rev. Stat. § 83-1,107(1) (Cum. Supp. 1974), earned before Nichols violated his mandatory parole. On appeal by the State, the parties stipulated that the only issue involved in the present case is the same as the question answered in Wounded Shield v. Gunter, ante p. 327, 405 N.W.2d 9 (1987), filed by this court on May 1, 1987. The parties have further stipulated that the decision in Wounded Shield v. Gunter, supra, controls disposition in the case now before us.

In Wounded Shield v. Gunter, supra, we stated: “[C]redit for meritorious behavior which had been earned before Wounded Shield’s release on mandatory parole may be forfeited or withheld, after reincarceration for violation of mandatory parole.” Ante p. 335, 405 N.W.2d at 14.

Therefore, we hold that credit for meritorious behavior which had been earned before Nichols’ release on mandatory parole may be forfeited or withheld, after reincarceration for violation of mandatory parole.

The judgment of the district court is reversed, and this matter is remanded to the district court with direction to enter judgment for the appellants herein, consistent with our opinion rendered in Wounded Shield v. Gunter, supra, and in accordance with this opinion.

Reversed and remanded with direction.

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Per Curiam.

In a declaratory judgment action brought by Cecil M. Nichols, the district court for Lancaster County held that the Nebraska Department of Correctional Services lacked authority to withhold credit for meritorious good time, see Neb. Rev. Stat. § 83-1,107(1) (Cum. Supp. 1974), earned before Nichols violated his mandatory parole. On appeal by the State, the parties stipulated that the only issue involved in the present case is the same as the question answered in Wounded Shield v. Gunter, ante p. 327, 405 N.W.2d 9 (1987), filed by this court on May 1, 1987. The parties have further stipulated that the decision in Wounded Shield v. Gunter, supra, controls disposition in the case now before us.

In Wounded Shield v. Gunter, supra, we stated: “[C]redit for meritorious behavior which had been earned before Wounded Shield’s release on mandatory parole may be forfeited or withheld, after reincarceration for violation of mandatory parole.” Ante p. 335, 405 N.W.2d at 14.

Therefore, we hold that credit for meritorious behavior which had been earned before Nichols’ release on mandatory parole may be forfeited or withheld, after reincarceration for violation of mandatory parole.

The judgment of the district court is reversed, and this matter is remanded to the district court with direction to enter judgment for the appellants herein, consistent with our opinion rendered in Wounded Shield v. Gunter, supra, and in accordance with this opinion.

Reversed and remanded with direction.

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407 N.W.2d 203, 225 Neb. 638, 1987 Neb. LEXIS 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-gunter-neb-1987.

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