inclusionary rule in Nebraska

24 Nebraska opinions name it 2 courts 1985–2026 4 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 (6)

Case	Followed	Cited
State v. Stewartgreen neb · 1985 · cited in 4 Nebraska opinions naming this issue, 1985–2007 2 sentences 1986In State v. Stewart, 219 Neb. 347, 351 , 363 N.W.2d 368, 371 (1985), we stated: We have previously dispelled the erroneous notion that Rule 404(2) of the Nebraska Evidence Rules (Neb.Rev.Stat. § 27-404(2) (Reissue 1979)) contains pigeonholes for admission of evidence pertaining to "other acts." Rule 404(2) of the Nebraska Evidence Rules is an inclusionary rule permitting the use of relevant, specific acts for all purposes except to prove character of a person in order to show that such person acted in conformity with character. 1986In State v. Stewart, 219 Neb. 347, 351 , 363 N.W.2d 368, 371 (1985), we stated: We have previously dispelled the erroneous notion that Rule 404(2) of the Nebraska Evidence Rules (Neb.Rev.Stat. § 27-404(2) (Reissue 1979)) contains pigeonholes for admission of evidence pertaining to "other acts." Rule 404(2) of the Nebraska Evidence Rules is an inclusionary rule permitting the use of relevant, specific acts for all purposes except to prove character of a person in order to show that such person acted in conformity with character.	2	4
State v. Kerngreen neb · 1986 · cited in 4 Nebraska opinions naming this issue, 1987–1991 2 sentences 1987Section 27-404(2) is an inclusionary rule which permits “the use of relevant other crimes, wrongs, or acts ... if such is relevant for any purpose other than to show defendant’s propensity or disposition to commit the crime charged.” (Emphasis supplied.) State v. Kern, 224 Neb. 177, 185 , 397 N.W.2d 23, 29 (1986). 1987Evidence of other bad acts may be introduced under § 27-404(2) whenever the evidence is relevant, so long as it is offered to prove something other than the character of a person in order to show that he or she acted in conformity therewith. *643 In the case of State v. Kern, ante p. 177, 185, 397 N.W.2d 23, 29 (1986), we recently examined that entire issue, and said: It is well established that § 27-404(2) is an inclusionary rule permitting the use of relevant other crimes, wrongs, or acts for all purposes except to prove the character of a person in order to show that such person acted in co	2	4
State v. Myersgreen nebctapp · 2006 · cited in 2 Nebraska opinions naming this issue, 2020–2022 2 sentences 2022See State v. Myers, 15 Neb. 2020See State v. Myers, 15 Neb.	2	2
State v. Clancygreen neb · 1987 · cited in 2 Nebraska opinions naming this issue, 1991–1994 2 sentences 1994Thus, Rule 404(2) permits evidence of other acts if such acts are relevant for any purpose other than to show a defendant’s propensity or disposition to commit the crime charged.” State v. Clancy, 224 Neb. 492, 497 , 398 N.W.2d 710, 714-15 (1987), disapproved on other grounds, State v. Culver, 233 Neb. 228 , 444 N.W.2d 662 (1989). 1994Thus, Rule 404(2) permits evidence of other acts if such acts are relevant for any purpose other than to show a defendant’s propensity or disposition to commit the crime charged.” State v. Clancy, 224 Neb. 492, 497 , 398 N.W.2d 710, 714-15 (1987), disapproved on other grounds, State v. Culver, 233 Neb. 228 , 444 N.W.2d 662 (1989).	2	2
State v. Styskalgreen neb · 1992 · cited in 2 Nebraska opinions naming this issue, 1994–1994 2 sentences 1994Accord State v. Styskal, 242 Neb. 26 , 493 N.W.2d 313 (1992). 1994Accord State v. Styskal, 242 Neb. 26 , 493 N.W.2d 313 (1992).	1	2
State v. Wheelergreen neb · 2023 · cited in 1 Nebraska opinions naming this issue, 2026–2026 2 sentences 2026See State v. Wheeler, 314 Neb. 282 , 989 N.W.2d 728 (2023). 2026See State v. Wheeler, 314 Neb. 282 , 989 N.W.2d 728 (2023).	1	1

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 (14)

Case	Cited	Years
State v. Yager green neb · 1990 2 sentences 2006State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990). 2006State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990).	3	1992–2006
State v. Robb green neb · 1986 2 sentences 2023Evidence subject to rule 404(2) must be both an “other act” and raise a propensity inference. [10,11] Rule 404(2) operates as an inclusionary rule of evidence. 20 It provides that evidence of other crimes, wrongs, or acts may be admissible for purposes other than propen sity. 21 Proof of another distinct substantive act is admissible in a criminal prosecution when there is some legal connection between the two upon which it can be said that one tends to establish the other or some essential fact in issue. 22 Upon objection to its admissibility, a proponent of evi- dence offered pursuant to ru 2023Evidence subject to rule 404(2) must be both an “other act” and raise a propensity inference. [10,11] Rule 404(2) operates as an inclusionary rule of evidence. 20 It provides that evidence of other crimes, wrongs, or acts may be admissible for purposes other than propen sity. 21 Proof of another distinct substantive act is admissible in a criminal prosecution when there is some legal connection between the two upon which it can be said that one tends to establish the other or some essential fact in issue. 22 Upon objection to its admissibility, a proponent of evi- dence offered pursuant to ru	2	1988–2023
State v. Messersmith green neb · 1991 2 sentences 1993State v. Messersmith, 238 Neb. 924 , 473 N.W.2d 83 (1991). 1993State v. Messersmith, 238 Neb. 924 , 473 N.W.2d 83 (1991).	2	1992–1993
State v. Boppre green neb · 1990 2 sentences 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985). 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985).	2	1990–1993
State v. Esch green neb · 2023 1 sentence 2023ESCH Cite as 315 Neb. 482 raises a propensity inference is admissible for other proper purposes, including proof of motive, intent, preparation, or absence of mistake or accident. 49 While evidence is not an “other act” under § 27-404(2) when it only tends to logically prove an element of the crime charged, proof of another dis- tinct substantive act is admissible in a criminal prosecution when there is some legal connection between the two upon which it can be said that one tends to establish the other or some essential fact in issue. 50 [15,16] Under § 27-404(3), a proponent of evidence offe	1	2023–2023
State v. Williams green neb · 1995 2 sentences 2023Evidence subject to rule 404(2) must be both an “other act” and raise a propensity inference. [10,11] Rule 404(2) operates as an inclusionary rule of evidence. 20 It provides that evidence of other crimes, wrongs, or acts may be admissible for purposes other than propen sity. 21 Proof of another distinct substantive act is admissible in a criminal prosecution when there is some legal connection between the two upon which it can be said that one tends to establish the other or some essential fact in issue. 22 Upon objection to its admissibility, a proponent of evi- dence offered pursuant to ru 2023Evidence subject to rule 404(2) must be both an “other act” and raise a propensity inference. [10,11] Rule 404(2) operates as an inclusionary rule of evidence. 20 It provides that evidence of other crimes, wrongs, or acts may be admissible for purposes other than propen sity. 21 Proof of another distinct substantive act is admissible in a criminal prosecution when there is some legal connection between the two upon which it can be said that one tends to establish the other or some essential fact in issue. 22 Upon objection to its admissibility, a proponent of evi- dence offered pursuant to ru	1	2023–2023
State v. Eona green neb · 1995 2 sentences 2000State v. Eona, 248 Neb. 318 , 534 N.W.2d 323 (1995). 2000State v. Eona, 248 Neb. 318 , 534 N.W.2d 323 (1995).	1	2000–2000
State v. Culver green neb · 1989 2 sentences 1994Thus, Rule 404(2) permits evidence of other acts if such acts are relevant for any purpose other than to show a defendant’s propensity or disposition to commit the crime charged.” State v. Clancy, 224 Neb. 492, 497 , 398 N.W.2d 710, 714-15 (1987), disapproved on other grounds, State v. Culver, 233 Neb. 228 , 444 N.W.2d 662 (1989). 1994Thus, Rule 404(2) permits evidence of other acts if such acts are relevant for any purpose other than to show a defendant’s propensity or disposition to commit the crime charged.” State v. Clancy, 224 Neb. 492, 497 , 398 N.W.2d 710, 714-15 (1987), disapproved on other grounds, State v. Culver, 233 Neb. 228 , 444 N.W.2d 662 (1989).	1	1994–1994
State v. Wood green neb · 1994 2 sentences 1994Rule 404(2) “is an inclusionary rule which permits the use of relevant prior bad acts for all purposes except to prove the character of a person in order to show that such person acted in conformity with that character.” Wood, 245 Neb. at 69 , 511 N.W.2d at 95 . 1994Rule 404(2) “is an inclusionary rule which permits the use of relevant prior bad acts for all purposes except to prove the character of a person in order to show that such person acted in conformity with that character.” Wood, 245 Neb. at 69 , 511 N.W.2d at 95 .	1	1994–1994
State v. Methe green neb · 1988 2 sentences 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985). 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985).	1	1993–1993
State v. Christian green neb · 1991 2 sentences 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985). 1993State v. Christian, 237 Neb. 294 , 465 N.W.2d 756 (1991); State v. Yager, 236 Neb. 481 , 461 N.W.2d 741 (1990); State v. Boppre, 234 Neb. 922 , 453 N.W.2d 406 (1990); State v. Methe, 228 Neb. 468 , 422 N.W.2d 803 (1988); State v. Stewart 219 Neb. 347 , 363 N.W.2d 368 (1985).	1	1993–1993
State v. Phelps green neb · 1992 2 sentences 1992State v. Phelps, 241 Neb. 707 , 490 N.W.2d 676 (1992); State v. Timmerman, supra; State v. Messersmith, 238 Neb. 924 , 473 N.W.2d 83 (1991). 1992State v. Phelps, 241 Neb. 707 , 490 N.W.2d 676 (1992); State v. Timmerman, supra; State v. Messersmith, 238 Neb. 924 , 473 N.W.2d 83 (1991).	1	1992–1992
State v. Ellis green neb · 1981 2 sentences 1987In State v. Ellis, 208 Neb. 379 , 303 N.W.2d 741 (1981), we were faced with this issue in the context of a murder case not unlike the case at hand. 1987In State v. Ellis, 208 Neb. 379 , 303 N.W.2d 741 (1981), we were faced with this issue in the context of a murder case not unlike the case at hand.	1	1987–1987
State v. Hitt green neb · 1981 2 sentences 1987In State v. Hitt, 207 Neb. 746 , 301 N.W.2d 96 (1981), this court concluded that evidence of other assaults on the victim and his brother were admissible under § 27-404(2) in a prosecution for first degree sexual assault. 1987In State v. Hitt, 207 Neb. 746 , 301 N.W.2d 96 (1981), this court concluded that evidence of other assaults on the victim and his brother were admissible under § 27-404(2) in a prosecution for first degree sexual assault.	1	1987–1987

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 27-404 (21) NE § Neb. Rev. Stat. § 27-403 (14) NE § Neb. Rev. Stat. § 27-401 (5) NE § Neb. Rev. Stat. § 27-402 (5) NE § Neb. Rev. Stat. § 28-416 (5) NE § Neb. Rev. Stat. § 27-105 (4) NE § Neb. Rev. Stat. § 28-1205 (4) NE § Neb. Rev. Stat. § 28-105 (3) NE § Neb. Rev. Stat. § 28-318 (3) NE § Neb. Rev. Stat. § 28-320.01 (3) NE § Neb. Rev. Stat. § 28-511 (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

NE 24 (1985–2026) UT 11 (2005–2025) MI 9 (2016–2022) WA 6 (1998–2015) CA 5 (1964–2001) TX 4 (1992–2008) OR 3 (1992–1998) VT 3 (2021–2023) AL 2 (2004–2005) WI 2 (2009–2009) RI 2 (2006–2006) SD 2 (2008–2008) NJ 2 (1977–1995) PA 2 (2015–2015)

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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