constitutionally presumption (Nebraska) · Go Syfert
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constitutionally presumption in Nebraska

5 Nebraska opinions name it 2 courts 1975–2022 1 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
In Re Xavier H.green
neb · 2007 · cited in 4 Nebraska opinions naming this issue, 2016–2022
2 sentences

2022Stated another way, “the fact that the State considers certain prospective adoptive parents ‘better’ [does not] overcome the constitutionally required presumption that reuniting with [a parent] is best.” In re Interest of Xavier H., 274 Neb. 331, 350 , 740 N.W.2d 13, 26 (2007).

2022Stated another way, “the fact that the State considers certain prospective adoptive parents ‘better’ [does not] overcome the constitutionally required presumption that reuniting with [a parent] is best.” In re Interest of Xavier H., 274 Neb. 331, 350 , 740 N.W.2d 13, 26 (2007).

34

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
In re Interest of Marquee N. green
nebctapp · 2022
1 sentence

2022We understand the juvenile court’s concerns - 879 - Nebraska Court of Appeals Advance Sheets 30 Nebraska Appellate Reports IN RE INTEREST OF MARQUEE N. Cite as 30 Neb. App. 862 of a parent with a history of domestic violence; however, we cannot find that the evidence in our record is sufficient to overcome the constitutionally required presumption of parental preference.

12022–2022
Windham v. Griffin green
neb · 2016
1 sentence

2016We have observed that the existence of a “‘better’” alternative home cannot overcome the constitutionally required presumption that - 292 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports WINDHAM v. GRIFFIN Cite as 295 Neb. 279 reuniting the child with the parent is best.

12016–2016
State v. Lewis green
neb · 1974
2 sentences

1975This assertion is premised upon defendant’s contention that the record does not affirmatively show the trial judge informed him of the possible penalties that could be imposed, relying on State v. Lewis (1974), 192 Neb. 518 , 222 N. W. 2d 815 .

1975This assertion is premised upon defendant’s contention that the record does not affirmatively show the trial judge informed him of the possible penalties that could be imposed, relying on State v. Lewis (1974), 192 Neb. 518 , 222 N. W. 2d 815 .

11975–1975

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 43-247 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 18 (1965–2025) TX 15 (1982–2024) NY 8 (1976–2014) WA 7 (1976–2018) CT 7 (1990–2017) PA 5 (1980–2022) NE 5 (1975–2022) WV 4 (1991–1991) ND 4 (1996–2013) OR 4 (1980–2015) IA 3 (2015–2015) IN 3 (2000–2007) MN 2 (1985–1988) ME 2 (1981–2017) TN 2 (2000–2011) AZ 2 (2005–2016) GA 2 (2019–2019) LA 2 (2010–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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