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SHEPARD v. HOUSTON

No. S-13-1032.

855 N.W.2d 559 (2014)

289 Neb. 399

George SHEPARD, and all other inmates in a similar situation, appellees, v. Robert P. HOUSTON, director, Nebraska Department of Correctional Services, in his official and individual capacities, appellant.

Supreme Court of Nebraska.

Filed November 7, 2014.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Jessica M. Forch for appellant.

George Shepard, pro se.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

McCormack, J.

I. NATURE OF CASE

Neb.Rev.Stat. § 29-4106(2) (Cum.Supp. 2012) provides for retroactive application of its requirement that all inmates convicted of a felony sex offense or other specified offense submit a DNA sample before being discharged from confinement. Section 29-4106(2) also specifically provides that those inmates convicted before the passage of § 29-4106 "shall not be released prior to the expiration of his or her maximum...

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