likelihood defense (Nebraska) · Go Syfert
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likelihood defense in Nebraska

21 Nebraska opinions name it 2 courts 2018–2026 11 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)

CaseFollowedCited
State v. Haynesgreen
neb · 2018 · cited in 7 Nebraska opinions naming this issue, 2018–2020
2 sentences

2020State v. Haynes, 299 Neb. 249 , 908 N.W.2d 40 (2018), disapproved on other grounds, State v. Allen, 301 Neb. 560 , 919 N.W.2d 500 (2018).

2020State v. Haynes, 299 Neb. 249 , 908 N.W.2d 40 (2018), disapproved on other grounds, State v. Allen, 301 Neb. 560 , 919 N.W.2d 500 (2018).

37
State v. Manjikiangreen
neb · 2019 · cited in 8 Nebraska opinions naming this issue, 2019–2026
2 sentences

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

18

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 (8)

CaseCitedYears
State v. Beehn green
neb · 2019
2 sentences

2025State v. Beehn, 303 Neb. 172 , 927 N.W.2d 793 (2019).

2025State v. Beehn, 303 Neb. 172 , 927 N.W.2d 793 (2019).

42020–2025
State v. Allen green
neb · 2018
2 sentences

2023Id.

2020State v. Haynes, 299 Neb. 249 , 908 N.W.2d 40 (2018), disapproved on other grounds, State v. Allen, 301 Neb. 560 , 919 N.W.2d 500 (2018).

42019–2023
State v. Watt green
neb · 2013
2 sentences

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

12019–2019
State v. Amaya green
neb · 2008
2 sentences

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

12019–2019
State v. Ash green
neb · 2016
2 sentences

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

2019Ed. 2d 674 (1984). 47 State v. Ash, 293 Neb. 583 , 878 N.W.2d 569 (2016). 48 Id. 49 State v. Amaya, 276 Neb. 818 , 758 N.W.2d 22 (2008). - 117 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports STATE v. MANJIKIAN Cite as 303 Neb. 100 the prejudice requirement for an ineffective assistance of counsel claim is satisfied if the defendant shows a reasonable probability that but for the errors of counsel, the defendant would have insisted on going to trial rather than plead- ing guilty.50 The likelihood of the defense’s success had the defendant insisted on going to trial is relevant to

12019–2019
Premo v. Moore green
scotus · 2011
2 sentences

2018Haynes describes the general nature of the testimony the witnesses would have provided, but this poten- tial testimony generally vouching for the wholesome and non- aggressive nature of Haynes’ relationship with the victim only marginally impacts the likelihood of the defense’s success had Haynes insisted on going to trial. 49 Id. at 12. 50 See, State v. Mora, 298 Neb. 185 , 903 N.W.2d 244 (2017); State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014). 51 State v. Yos-Chiguil, supra note 15, 281 Neb. at 634, 798 N.W.2d at 845 (Heavican, C.J., concurring), quoting Premo v. Moore, 562 U.S. 115

2018Haynes describes the general nature of the testimony the witnesses would have provided, but this poten- tial testimony generally vouching for the wholesome and non- aggressive nature of Haynes’ relationship with the victim only marginally impacts the likelihood of the defense’s success had Haynes insisted on going to trial. 49 Id. at 12. 50 See, State v. Mora, 298 Neb. 185 , 903 N.W.2d 244 (2017); State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014). 51 State v. Yos-Chiguil, supra note 15, 281 Neb. at 634, 798 N.W.2d at 845 (Heavican, C.J., concurring), quoting Premo v. Moore, 562 U.S. 115

12018–2018
State v. Mora green
neb · 2017
1 sentence

2018Haynes describes the general nature of the testimony the witnesses would have provided, but this poten- tial testimony generally vouching for the wholesome and non- aggressive nature of Haynes’ relationship with the victim only marginally impacts the likelihood of the defense’s success had Haynes insisted on going to trial. 49 Id. at 12. 50 See, State v. Mora, 298 Neb. 185 , 903 N.W.2d 244 (2017); State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014). 51 State v. Yos-Chiguil, supra note 15, 281 Neb. at 634, 798 N.W.2d at 845 (Heavican, C.J., concurring), quoting Premo v. Moore, 562 U.S. 115

12018–2018
State v. Abdullah green
neb · 2014
1 sentence

2018Haynes describes the general nature of the testimony the witnesses would have provided, but this poten- tial testimony generally vouching for the wholesome and non- aggressive nature of Haynes’ relationship with the victim only marginally impacts the likelihood of the defense’s success had Haynes insisted on going to trial. 49 Id. at 12. 50 See, State v. Mora, 298 Neb. 185 , 903 N.W.2d 244 (2017); State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014). 51 State v. Yos-Chiguil, supra note 15, 281 Neb. at 634, 798 N.W.2d at 845 (Heavican, C.J., concurring), quoting Premo v. Moore, 562 U.S. 115

12018–2018

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 28-105 (14) NE § Neb. Rev. Stat. § 28-319 (4) NE § Neb. Rev. Stat. § 28-416 (4) NE § Neb. Rev. Stat. § 29-2221 (4) NE § Neb. Rev. Stat. § 28-1205 (3) NE § Neb. Rev. Stat. § 28-319.01 (3) NE § Neb. Rev. Stat. § 28-320.01 (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.

Where else courts name it

TX 106 (1982–2024) CA 70 (1992–2025) OR 43 (1978–2026) WA 34 (1992–2026) NE 21 (2018–2026) MA 18 (1984–2024) FL 17 (1988–2019) PA 13 (1951–2023) NY 12 (1962–2018) CO 12 (2006–2025) IL 12 (1979–2025) NJ 10 (1990–2025) LA 9 (1983–2008) MD 8 (2007–2021) MI 7 (1990–2022) DC 6 (1984–2011) MS 6 (1992–2019) IN 5 (1974–1999) AL 5 (1985–2014) GA 5 (1989–2024) UT 4 (1994–2015) KS 4 (1978–1995) IA 4 (1986–2017) AK 4 (1983–2016) WI 4 (1998–2021) WV 4 (1995–2015) ME 3 (1980–2023) MT 3 (2000–2026) OH 3 (1999–2014) CT 3 (1998–2018) NM 3 (2006–2012) VA 3 (2004–2025) SC 3 (1985–2020) TN 3 (1981–2006) HI 2 (1996–2003) VI 2 (2014–2016) DE 2 (2021–2024)

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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