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Nebraska Supreme Court says Inmate Can Seek Divorce

By: Associated Press Email
Posted: Fri 8:42 PM, Sep 21, 2012

The Nebraska Supreme Court is giving a state inmate another shot at divorce from behind bars.

Javis Jones, acting as his own attorney, filed for divorce in 2010 after being sentenced to 22 to 34 years for child sex assault.

The high court noted that after several follow-up letters from Jones asking about the case and requesting teleconference hearings, a Douglas County District judge dismissed the case without explanation. The Nebraska Court of Appeals upheld the dismissal, saying the prison likely would have denied Jones access to teleconference hearings.

In an opinion released Friday, the Nebraska Supreme Court reversed those decisions, saying the district court abused its discretion in dismissing the inmate's complaint without explanation, and the lower appeals court erred in basing its decision on predictions of future events.


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