Inmate Released Accidentally, Loses Court Battle To Stay Free

By: 10/11 News Email
By: 10/11 News Email

One of dozens of Nebraska inmates who were mistakenly released early after the state miscalculated their sentences has lost his court bid to remain free.

Fifty-seven-year-old Bruce Caton had asked a judge to block prosecutors from sending him back to prison, arguing that he already served the minimum of his 10- to 20-year sentence.

But online court records say Lancaster County District Judge Robert Otte denied Caton's bid on Friday, saying a trial court couldn't modify a valid sentence once it's pronounced. Plus, Otte said, Caton had filed a habeas corpus challenge, alleging he was being illegally detained. At the time, he wasn't in custody. He is now.

Caton was sentenced in 2004 as a habitual criminal. His record includes burglary, kidnapping, rape and robbery.

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