appellate right challenge in Nebraska

28 Nebraska opinions name it 2 courts 1992–2026 5 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 (2)

Case	Followed	Cited
State v. Graygreen neb · 1992 · cited in 4 Nebraska opinions naming this issue, 1992–2000 2 sentences 1994In State v. Gray, 239 Neb. 1024, 1027 , 479 N.W.2d 796, 798 (1992), we stated: A defendant who moves for dismissal or a directed verdict at the close of evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict, but may challenge sufficiency of the evidence for the defendant’s conviction. 1994In State v. Gray, 239 Neb. 1024, 1027 , 479 N.W.2d 796, 798 (1992), we stated: A defendant who moves for dismissal or a directed verdict at the close of evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict, but may challenge sufficiency of the evidence for the defendant’s conviction.	2	4
State v. Guzmangreen neb · 2020 · cited in 3 Nebraska opinions naming this issue, 2020–2024 2 sentences 2024State v. Guzman, 305 Neb. 376 , 940 N.W.2d 552 (2020). 2020A defendant who moves for dis- missal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict but may still challenge the sufficiency of the evidence. 37 We con- sider Guzman’s argument as one challenging the sufficiency of the evidence. (b) Standard of Review [14] Regardless of whether the eviden	1	3

Distinguished, questioned or overruled (0)

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

Also cited on this issue (18)

Case	Cited	Years
State v. Olbricht green neb · 2016 2 sentences 2019State v. Olbricht , 294 Neb. 974 , 885 N.W.2d 699 (2016). 2016A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s 34 State v. Simnick, 279 Neb. 499 , 779 N.W.2d 335 (2010); State v. Hausmann, 277 Neb. 819 , 765 N.W.2d 219 (2009). - 991 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. OLBRICHT Cite as 294 Neb. 974 overruling the motion for dismissal or	4	2016–2019
State v. Combs green neb · 2017 2 sentences 2018State v. Combs, 297 Neb. 422 , 900 N.W.2d 473 (2017). 2017A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution and who, when the court overrules the dismissal or directed verdict motion, - 423 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports STATE v. COMBS Cite as 297 Neb. 422 proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict but may still challenge the sufficiency of the evidence. 11.	3	2017–2018
State v. Pauly green neb · 2022 2 sentences 2026State v. Pauly, 311 Neb. 418 , 972 N.W.2d 907 (2022). 2022Co. v. Transit Auth. of Omaha, supra note 57 . 64 Id. - 443 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. PAULY Cite as 311 Neb. 418 evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for a directed verdict, but may challenge sufficiency of the evidence for the defendant’s conviction. 65 As such, there is no plain error supporting this assignme	2	2022–2026
State v. Sanders green neb · 2005 2 sentences 2022State v. Sanders, 269 Neb. 895 , 697 N.W.2d 657 (2005). 2022State v. Sanders, 269 Neb. 895 , 697 N.W.2d 657 (2005).	2	2009–2022
State v. Vann green neb · 2020 2 sentences 2020State v. Vann, 306 Neb. 91 , 944 N.W.2d 503 (2020). 2020A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correct- ness in the trial court’s overruling the motion for dismissal or a directed verdict but may still challenge the sufficiency - 95 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. VANN Cite as 306 Neb. 91 of the evidence.	2	2020–2020
State v. Huebner green neb · 1994 2 sentences 2000State v. Huebner, 245 Neb. 341 , 513 N.W.2d 284 (1994); State v. Gray, 239 Neb. 1024 , 479 N.W.2d 796 (1992). 2000State v. Huebner, 245 Neb. 341 , 513 N.W.2d 284 (1994); State v. Gray, 239 Neb. 1024 , 479 N.W.2d 796 (1992).	2	1995–2000
State v. Dawson yellow neb · 1992 2 sentences 1992“A defendant who moves for dismissal or a directed verdict[,] proceeds with trial[,] and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict, but may challenge sufficiency of the evidence for the defendant’s conviction.” State v. Gray, 239 Neb. 1024, 1027 , 479 N.W.2d 796, 798 (1992); State v. Dawson, 240 Neb. 89 , 480 N.W.2d 700 (1992). 1992“A defendant who moves for dismissal or a directed verdict[,] proceeds with trial[,] and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict, but may challenge sufficiency of the evidence for the defendant’s conviction.” State v. Gray, 239 Neb. 1024, 1027 , 479 N.W.2d 796, 798 (1992); State v. Dawson, 240 Neb. 89 , 480 N.W.2d 700 (1992).	2	1992–1994
State v. Ferrin green neb · 2020 2 sentences 2020State v. Ferrin, 305 Neb. 762 , 942 N.W.2d 404 (2020). 2020State v. Ferrin, 305 Neb. 762 , 942 N.W.2d 404 (2020).	1	2020–2020
State v. Dixon green neb · 2020 1 sentence 2020It is well settled that a defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution and who, when the court overrules the dismissal 32 State v. Dady, 304 Neb. 649 , 936 N.W.2d 486 (2019). - 867 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. DIXON Cite as 306 Neb. 853 or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict but may still challenge	1	2020–2020
State v. Briggs green neb · 2019 2 sentences 2020State v. Briggs, 303 Neb. 352 , 929 N.W.2d 65 (2019). [3] Vann also asserts that the evidence was insufficient to support his conviction. 2020State v. Briggs, 303 Neb. 352 , 929 N.W.2d 65 (2019). [3] Vann also asserts that the evidence was insufficient to support his conviction.	1	2020–2020
State v. Dady green neb · 2019 1 sentence 2020It is well settled that a defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution and who, when the court overrules the dismissal 32 State v. Dady, 304 Neb. 649 , 936 N.W.2d 486 (2019). - 867 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. DIXON Cite as 306 Neb. 853 or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s overruling the motion for dismissal or a directed verdict but may still challenge	1	2020–2020
State v. Simnick green neb · 2010 2 sentences 2016A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s 34 State v. Simnick, 279 Neb. 499 , 779 N.W.2d 335 (2010); State v. Hausmann, 277 Neb. 819 , 765 N.W.2d 219 (2009). - 991 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. OLBRICHT Cite as 294 Neb. 974 overruling the motion for dismissal or 2016A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s 34 State v. Simnick, 279 Neb. 499 , 779 N.W.2d 335 (2010); State v. Hausmann, 277 Neb. 819 , 765 N.W.2d 219 (2009). - 991 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. OLBRICHT Cite as 294 Neb. 974 overruling the motion for dismissal or	1	2016–2016
State v. Hausmann green neb · 2009 2 sentences 2016A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s 34 State v. Simnick, 279 Neb. 499 , 779 N.W.2d 335 (2010); State v. Hausmann, 277 Neb. 819 , 765 N.W.2d 219 (2009). - 991 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. OLBRICHT Cite as 294 Neb. 974 overruling the motion for dismissal or 2016A defendant who moves for dismissal or a directed verdict at the close of the evidence in the State’s case in chief in a criminal prosecution, and who, when the court overrules the dismissal or directed verdict motion, proceeds with trial and introduces evidence, waives the appellate right to challenge correctness in the trial court’s 34 State v. Simnick, 279 Neb. 499 , 779 N.W.2d 335 (2010); State v. Hausmann, 277 Neb. 819 , 765 N.W.2d 219 (2009). - 991 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. OLBRICHT Cite as 294 Neb. 974 overruling the motion for dismissal or	1	2016–2016
State v. Branch green neb · 2009 2 sentences 2014State v. Branch, 277 Neb. 738 , 764 N.W.2d 867 (2009). 2014State v. Branch, 277 Neb. 738 , 764 N.W.2d 867 (2009).	1	2014–2014
State v. Gartner green neb · 2002 2 sentences 2005State v. Gartner, 263 Neb. 153 , 638 N.W.2d 849 (2002). 2005State v. Gartner, 263 Neb. 153 , 638 N.W.2d 849 (2002).	1	2005–2005
State v. Severin green neb · 1996 2 sentences 2002State v. Severin, 250 Neb. 841 , 553 N.W.2d 452 (1996). 2002State v. Severin, 250 Neb. 841 , 553 N.W.2d 452 (1996).	1	2002–2002
State v. Morris neutral nebctapp · 1995 1 sentence 1996State v. Morris, 3 Neb.	1	1996–1996
Sikyta v. Arrow Stage Lines, Inc. green neb · 1991 2 sentences 1992Sikyta v. Arrow Stage Lines, 238 Neb. 289 , 470 N.W.2d 724 (1991). 1992Sikyta v. Arrow Stage Lines, 238 Neb. 289 , 470 N.W.2d 724 (1991).	1	1992–1992

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 28-105 (9) NE § Neb. Rev. Stat. § 28-319 (8) NE § Neb. Rev. Stat. § 27-404 (5) NE § Neb. Rev. Stat. § 27-401 (4) NE § Neb. Rev. Stat. § 29-2260 (4) NE § Neb. Rev. Stat. § 27-403 (3) NE § Neb. Rev. Stat. § 28-707 (3) NE § Neb. Rev. Stat. § 29-2204 (3) NE § Neb. Rev. Stat. § 29-2221 (3) NE § Neb. Rev. Stat. § 29-2315.01 (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.

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