13 N.W.3d 67
Neb.2024Background
- Samuel Mullins was convicted in two separate criminal cases and sentenced to two consecutive 30-day jail terms in Box Butte County, Nebraska.
- He received credit for one day served in each case, but the sentences were to be served consecutively, totaling 60 days.
- Mullins filed for declaratory judgment, arguing good time credit should only be withheld for the first 15 days of his total confinement, not for each sentence.
- The district court ruled against Mullins, holding that the 15-day good time exclusion applies to each sentence separately.
- Mullins appealed, supported by amicus NCDAA, asserting the statutory language was ambiguous and should be construed in the defendant’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 15-day exclusion for earning jail good time applies to each sentence or just the aggregate confinement | Only the first 15 days of total confinement should be excluded for good time; aggregate sentences should be treated as one term | Each sentence requires its own 15-day exclusion before good time accrues, even if sentences are consecutive | Exclusion applies to each sentence; court affirms district court's calculation |
Key Cases Cited
- State v. Atkins, 250 Neb. 315 (Neb. 1996) (county jail good time statute found plain and unambiguous)
- Williams v. Hjorth, 230 Neb. 97 (Neb. 1988) (good time statutes for jail and prison intended to be similar but not identical)
- Duff v. Clarke, 247 Neb. 345 (Neb. 1995) (for good time in prison, sentences are aggregated for calculation)
- Boston v. Black, 215 Neb. 701 (Neb. 1983) (prison good time calculated on sum of all sentences)