S-24-0673 Trevor Ballheim (Appellant) v. Shaun Settles, Warden at Tecumseh State Correctional Institution, and Rob Jeffreys, Director Nebraska Department of Correctional Services (Appellees)
Appeal from the District Court for Johnson County, Judge Ricky A. Schreiner
Attorneys: Gerald Soucie (Soucie Law Office for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellees)
Civil: Habeas Corpus
Proceedings below: Appellant filed a petition for writ of habeas corpus, which the district court dismissed. Appellees filed a petition to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.
Issues: Appellant assigns the following error: The District Court for Johnson County erred as a matter of law in dismissing the petition because Appellant had not shown that “habeas corpus relief is appropriate”, citing solely to Childs v. Frakes, 312 Neb. 925, 981 N.W.2d 598 (2022) and failed to issue the writ where Appellees could then show cause why Appellant should not be released, in violation of Neb. Rev. Stat. § 29-2801 et seq., Meyer v. Frakes, 294 Neb. 668, 884 N.W.2d 131 (2016), Kuwitzky v. O'Grady, 135 Neb. 466, 282 N.W. 396 (1938), Gamron v. Jones, 148 Neb. 645 (1947), In re Thomas Jones, 35 Neb. 499, 53 N.W. 468 (1892) and their progeny.