Johnson v. Gage, 858 N.W.2d 837

Johnson was sentenced in Nebraska in 1979 to 18–25 years, escaped in 1987, later convicted in California of first-degree murder and sentenced in 1997 to life without parole.
In 2006 Johnson requested and received a voluntary transfer from California to Nebraska under the Interstate Corrections Compact and has been housed in Nebraska since Feb. 16, 2006.
In April 2013 he filed a pro se habeas petition in Johnson County seeking a judicial determination that, as of Jan. 16, 2011, he had completed his Nebraska sentences and thus should receive credit toward those sentences for time in Nebraska custody since 2006.
At the habeas hearing Johnson acknowledged he remains legally confined on his California life sentence and that relief would not produce immediate release.
The district court dismissed the petition, reasoning Nebraska was acting as a receiving state/holding agent under the Interstate Corrections Compact and Johnson remained in custody on the California sentence; he would only resume Nebraska custody after release from California.
Johnson appealed, arguing the district court erred; the Nebraska Supreme Court affirmed, holding habeas relief was unavailable because a favorable decision would not produce immediate release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether habeas corpus is available to obtain a declaratory credit against Nebraska sentences while petitioner remains lawfully detained on a California sentence	Johnson: He resumed serving Nebraska sentences upon transfer in 2006 and had completed them by Jan. 16, 2011, so he is entitled to credit/declaration now	State: Nebraska is merely holding him as agent for California under the Interstate Corrections Compact; he remains legally detained on the California sentence and habeas will not produce release	Held: Habeas unavailable—relief would not result in immediate release; petition denied and dismissed

Falkner v. Neb. Bd. of Parole, 213 Neb. 474, 330 N.W.2d 141 (Neb. 1983) (receiving state holds parole violator as agent; recommencement of Nebraska sentence occurs after release from foreign custody and arrest by Nebraska)
Glantz v. Hopkins, 261 Neb. 495, 624 N.W.2d 9 (Neb. 2001) (habeas under § 29-2801 applies to present detention; not available to challenge possibility of future illegal detention)
Tyler v. Houston, 273 Neb. 100, 728 N.W.2d 549 (Neb. 2007) (habeas corpus is summary remedy to test legality of current detention; relief must produce release)
Anderson v. Houston, 277 Neb. 907, 766 N.W.2d 94 (Neb. 2009) (appellate review standard: factual findings for clear error; legal conclusions de novo)