Adams v. State, 293 Neb. 612

Brian J. Adams, serving two life sentences, sued the Nebraska Board of Parole seeking a declaration that Neb. Rev. Stat. § 83-1,110(1) is unconstitutional and that he is eligible for parole.
Section 83-1,110(1) makes committed offenders eligible for parole after serving one-half the minimum term of their sentence; because one-half of a life term is indeterminate, Nebraska courts have treated life sentences as ineligible for parole unless commuted to a term of years by the Board of Pardons.
Adams argued the statute usurps the Board’s constitutional authority under Neb. Const. art. IV, § 13 (the "conditions clause"), which vests the Board with power to grant paroles "under such conditions as may be prescribed by law," for all offenses except treason and impeachment.
The Board moved to dismiss for failure to state a claim; the district court granted dismissal, holding the Legislature may prescribe conditions (including eligibility rules) and § 83-1,110(1) does not infringe the Board’s parole power.
Adams appealed directly to the Nebraska Supreme Court; the central legal question was whether § 83-1,110(1) violates the constitutional allocation of parole power in article IV, § 13.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 83-1,110(1) violates Neb. Const. art. IV, § 13 by preventing parole for life-sentenced inmates absent commutation	Adams: The conditions clause vests the Board with power to parole all offenders (except treason/impeachment) and the Legislature may not bar parole eligibility for life inmates	State: The conditions clause permits the Legislature to prescribe conditions on parole eligibility; determining eligibility (e.g., minimum term or commutation) is legislative function	Court: Affirmed dismissal — Legislature may set conditions on parole eligibility; § 83-1,110(1) is a lawful condition making life-sentenced inmates ineligible absent commutation

State v. Huff, 282 Neb. 78, 802 N.W.2d 77 (Neb. 2011) (Legislature defines crimes and fixes punishments)
Big John’s Billiards v. State, 288 Neb. 938, 852 N.W.2d 727 (Neb. 2014) (statute is presumed constitutional; challenger bears burden)
In re Petition of Nebraska Community Corr. Council, 274 Neb. 225, 738 N.W.2d 850 (Neb. 2007) (separation-of-powers limits on delegation and improper usurpation)
Board of Trustees v. City of Omaha, 289 Neb. 993, 858 N.W.2d 186 (Neb. 2015) (appellate courts independently decide legal questions in declaratory judgment actions)
Poindexter v. Houston, 275 Neb. 863, 750 N.W.2d 688 (Neb. 2008) (procedural authority cited for bypass to Supreme Court)