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Nebraska Supreme Court affirms Legislature’s power to expand parole eligibility

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Nebraska Supreme Court affirms Legislature’s power to expand parole eligibility


LINCOLN, Neb. (KOLN) – The Nebraska Supreme Court released a ruling on Friday, upholding the Legislature’s constitutional authority to adjust parole eligibility provisions as part as a criminal justice reform law passed in 2023.

LB 50 took effect on Sept. 2, 2023, with the intent to increase parole eligibility to address prison overcrowding. According to the Nebraska Examiner, the law extended parole eligibility for people who meet the following criteria:

  • For someone serving a maximum term of 20 years or less, two years prior to a person’s mandatory discharge date.
  • For someone serving a maximum term of more than 20 years, when the person has served 80% of the time until the sentence’s mandatory discharge date.

It also allows someone who is at least 75 years old and who has served at least 15 years of their sentence to apply for “geriatric parole”.

Anyone serving a Class I, IA or IB felony or for a sex-related offense is ineligible, as are those serving life imprisonment, the Nebraska Examiner said. As a condition of geriatric parole, the person would need to wear an electronic monitoring device for at least 17 months.

However despite it becoming law, the Nebraska Department of Correctional Services refused to implement the parole provisions on the advice of Attorney General Mike Hilgers. He argued that applying the changes retroactively was unconstitutional and that it was the same as changing someone’s sentence, which only the Board of Pardons can do.

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Hilgers filed a lawsuit to block the law, and a lower court sided with him in March 2024. This led to the appeal.

In an unsigned 37-page ruling, the Nebraska Supreme Court overturned the lower court ruling, saying the law is constitutional and the Legislature has the power to adjust parole eligibility. They stated that parole is not the same as a sentence reduction or commutation.

“The retroactive application of L.B. 50’s new parole eligibility provisions does not result in an unconstitutional sentence commutation, and it was plain error to declare otherwise. We therefore reverse the judgment of the district court,” the ruling stated.

ACLU of Nebraska Staff Attorney Jane Seu issued a statement in response to the Nebraska Supreme Court ruling.

“Today, the Nebraska Supreme Court affirmed state senators’ authority to enact long overdue smart justice reforms,” Seu said. “The Court rejected Attorney General Hilgers’ argument that key provisions of LB 50 could not apply to people already serving a sentence. As a result, people in our prisons will be able to benefit from earlier parole eligibility as our lawmakers intended. Considering Nebraska’s ongoing prison overcrowding crisis and the value of meaningful rehabilitation, this is a win for all Nebraskans.”

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Red Flag Warnings in place as Nebraska faces dangerous fire conditions and record warmth

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Red Flag Warnings in place as Nebraska faces dangerous fire conditions and record warmth


LINCOLN, Neb. (KOLN) – Red Flag Warnings are in effect across Nebraska as dangerous fire conditions develop heading into the weekend, paired with unseasonably warm temperatures and strong winds that could quickly spread any flames.

Red Flag Warnings are in place for eastern Nebraska through 9 p.m. Friday night. The warning area expands significantly on Saturday, covering the entire state from throughout the entire day Saturday.

Friday: Moderate Fire Danger, Drying Trend

Friday’s fire concerns are lower than Saturday’s, but still significant. A Red Flag Warning remains in place for eastern Nebraska through 9 p.m. tonight as northerly winds pull in drier air throughout the afternoon. Dewpoints are expected to fall between 0° and 10° this evening as wind speeds taper.

The strongest winds and driest air won’t occur at the same time Friday, which is why confidence in Red Flag conditions is lower than normal today. By sunset, winds will become light and shift to the south as a surface high pressure system moves through the area.

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Red Flag Warnings are in place through 9 PM Friday for eastern Nebraska.(KOLN)

Saturday: Extreme Fire Danger

Saturday brings the most critical fire weather conditions of the period. The Red Flag Warning expands to encompass the entire state as relative humidity values plummet to 8-15% — dangerously dry levels that will allow fires to spread rapidly.

Winds will be the primary concern. Southerly winds are expected to be sustained between 20 and 30 MPH for most — with gusts between 40 and 50 MPH possible at times. These powerful winds combined with extreme dryness create a recipe for rapid fire spread.

Red Flag Warnings are in place across the state all day Saturday.
Red Flag Warnings are in place across the state all day Saturday.(KOLN)
Winds gusts could reach as high as 45 MPH into Saturday afternoon.
Winds gusts could reach as high as 45 MPH into Saturday afternoon.(KOLN)

Temperatures will warm into the 60s and low 70s on Saturday — warmer in the west — but the heat is secondary to the wind and dryness threat. Relative humidity values will fall below 30% as early as 9 a.m. when the Red Flag Warning begins.

Temperatures warm into the 60s and 70s on Saturday with strong southerly winds.
Temperatures warm into the 60s and 70s on Saturday with strong southerly winds.(KOLN)
Generally sunny skies are expected on Saturday with some passing clouds from time to time. No...
Generally sunny skies are expected on Saturday with some passing clouds from time to time. No moisture is expected.(KOLN)

Sunday: High Fire Danger, Lighter Winds

Fire danger remains high to very high Sunday as an upper ridge moves overhead. Temperatures will climb to the upper 70s to upper 80s. The good news: southerly winds won’t be as strong, with gusts peaking at only 20 mph. This provides some relief from the most critical conditions, though fire danger will still be elevated.

Highs will reach the upper 70s to upper 80s on Sunday.
Highs will reach the upper 70s to upper 80s on Sunday.(KOLN)

Record Heat Monday

Monday will be the week’s warmest day, with mid- to upper-80s and low 90s forecast across Nebraska. Records are within reach — for many areas across the state. Lincoln’s forecast high of 88 degrees would tie the 1917 record.

Highs reach into the upper 80s and low 90s on Monday.
Highs reach into the upper 80s and low 90s on Monday.(KOLN)
Record and near record high temperatures are expected again on Monday.
Record and near record high temperatures are expected again on Monday.(KOLN)

Pattern Change Ahead

A cold front will slice through the area Tuesday morning, bringing cooler and cloudier conditions back to Nebraska. Highs will fall back to the 50s and 60s — a dramatic 30+ degree temperature drop from Monday. Winds will remain gusty from the north.

Precipitation chances will increase by early to mid-week. Tuesday through Thursday will see low chances (~20%) for light precipitation, with a mixture of rain and snow possible at times. No winter impacts are expected. Better chances are forecast for Wednesday night and Friday night as a wholesale pattern change develops, bringing southwest flow and surface moisture back to the region.

Warming temperatures are expected into the weekend and early next week before cooler, wetter...
Warming temperatures are expected into the weekend and early next week before cooler, wetter weather is expected into next week.(KOLN)

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What Iowa coach Ben McCollum said after defeating Nebraska on Thursday

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What Iowa coach Ben McCollum said after defeating Nebraska on Thursday


Iowa coach Ben McCollum met with the media following his team’s 77-71 victory over the Nebraska Cornhuskers in the Sweet 16. The Cornhuskers led by three at the half but Iowa was able to outscore Nebraska 34-25 in the second half.

Pryce Sandfort led all scorers with 25 points while shooting 8 of 13 from the field and 6 of 10 from the 3-point line. Bennett Stirtz led the Hawkeyes with 20 points and played for all 40 minutes.

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Iowa shot 52% (27-52) from the floor, 43% (13-30) from beyond the arc and 83% (10-12) from the free throw line. Nebraska struggled shooting 41% (24-58) from the field, 34% (13-38) from the 3-point line and 91% (10-11) from the charity stripe.

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The Hawkeyes’ head coach acknowledged that his team had a poor start but a great finish and said that his team will need to play better to advance beyond the Elite Eight.

Yeah, I think to start we weren’t fantastic to start. They had an elite game plan to start. They played with elite pace. They adjusted their defense quite a bit. I think a lot of people will talk about the rivalry. I was around it when I was in Iowa, you know, and grew up in Iowa and understand the rivalry and whatnot. It’s nice to have — I guess if you would a call it rival that runs such a class program.

I think Coach Hoiberg, they have got great kids. They completely turned everything around from the previous season, and they have absolutely nothing to hang their heads about or anything. I have the utmost respect for them, all their players, and especially Coach Hoiberg. Heck of a season. I know it’s no consolation, but we still want to beat ’em every time and they want to beat us every time.

But from and internal perspective, there’s not a lot of bad blood there. It’s actually a lot of respect. I was really pleased with our second-half performance. I thought we actually decided we were going to try — not try. They had a lot to do with it, but kind of. Yeah, they’re smiling over there because they saw me break my marker.

And I thought our kids did a good job of executing offensively in both halves. We spent a lot of time trying to make sure that we could score, and you saw the result of that. We didn’t defend. But we were able to score, so we were able to stay in the game long enough and then get enough stops and had some big possessions down the stretch. Really good program win for everybody, coaches, managers, everybody included.

Iowa advances to the Elite Eight with the victory. Nebraska’s season ends with a record of 28-7.

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This article originally appeared on Cornhuskers Wire: What Iowa coach Ben McCollum said after defeating Nebraska on Thursday





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Nebraska Gov. Jim Pillen appoints Antonio Gomez to Racing and Gaming Commission

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Nebraska Gov. Jim Pillen appoints Antonio Gomez to Racing and Gaming Commission


Gov. Jim Pillen has appointed Antonio Gomez of Jackson to the Nebraska Racing and Gaming Commission, adding a longtime Siouxland business leader and public servant to the panel.

Commission members serve four-year terms and are subject to approval by the Nebraska Legislature.

Gomez launched Gomez Pallets in South Sioux City in 1983. He has since retired from daily operations, but last year the Siouxland Chamber of Commerce recognized him with the W. Edwards Deming Business Leadership and Entrepreneurial Excellence Award.

Gomez previously served on the Nebraska Commission on Latino Americans from 1981 to 2002. He also served as a Dakota County commissioner for 12 years and was on the Foundation Board for Northeast Community College.

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Gomez’s appointment is effective April 1.



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