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In re Application of John F. Decker, for a writ of habeas corpus

January 2, 1905 - March 5, 1906

Filed before the Lancaster County District Court (Lincoln, Nebraska)

Case ID: hc.case.ne.0598

Case Summary

John F. Decker petitioned for a writ of habeas corpus claiming that he was unlawfully detained by Sheriff Nicholas Ress. Judge Holmes granted the petition and allowed him bail at the sum of 300 dollars. Decker had been arrested on the charge of perjury after he falsely claimed during a divorce trial that he was a resident of Lancaster County, Nebraska. After hearing evidence, Judge Holmes ruled that Decker had not committed perjury and therefore was being illegally detained. He ordered that Decker be released from custody. However, he ordered that the County Attorney, James L. Caldwell, prosecute Decker for the charge of contempt of court and punish him accordingly. Caldwell immediately followed through in State of Nebraska vs John F. Decker where again Decker was released on bail. The outcome of this case is unknown. Weeks later, Caldwell produced a motion for a re-hearing and a new trial for Decker's habeas corpus case, which the court overruled. In 1906, Caldwell's appeal was tried in the Nebraska Supreme Court, who later dismissed his petition in error.

Case Information

Petition type(s)

  • Carceral

Petition subtype(s)

  • Perjury

Outcome

Writ allowed

Fate of bound party

Ordered to be re-sentenced

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #44: Jan. 1904-Jan. 1905, p. 618; 628; 636; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #46: Jan. 1905-March 1906, p. 92-94; 96-97; 117; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #48: March 1906-March 2907, p. 34; 95; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket F, p. 237

Source material(s)

Docket | Journal

Repository(s)

State

  • Nebraska

Tag(s)

  • Appeal

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In re Application of John F. Decker, for a writ of habeas corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed December 3, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.0598

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