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119 Nebraska opinions name it 2 courts 1990–2025 8 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.
| Case | Followed | Cited |
|---|---|---|
Rose v. City of Lincolngreen2 sentences1993Nothing in the circumstantial evidence instruction detracts from the proof beyond a reasonable doubt requirement. “ ‘In an appeal based on the claim of an erroneous instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.’ ” State v. Jasper, 237 Neb. 754, 757 , 467 N.W.2d 855, 858 (1991), quoting Rose v. City of Lincoln, 234 Neb. 67 , 449 N.W.2d 522 (1989). *516 Since the challenged instructions accurately state the law, were not misleading, and did not deprive appellant of a substant 1993Nothing in the circumstantial evidence instruction detracts from the proof beyond a reasonable doubt requirement. “ ‘In an appeal based on the claim of an erroneous instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.’ ” State v. Jasper, 237 Neb. 754, 757 , 467 N.W.2d 855, 858 (1991), quoting Rose v. City of Lincoln, 234 Neb. 67 , 449 N.W.2d 522 (1989). *516 Since the challenged instructions accurately state the law, were not misleading, and did not deprive appellant of a substant | 6 | 7 |
Jensen v. Archbishop Bergan Mercy Hospitalgreen2 sentences1992Accord Jensen v. Archbishop Bergan Mercy Hosp., supra. “Jury instructions should be confined to issues presented by the pleadings and supported by evidence.” Jensen v. Archbishop Bergan Mercy Hosp., 236 Neb. at 8, 459 N. W.2d at 183 . 1992Accord Jensen v. Archbishop Bergan Mercy Hosp., supra. “Jury instructions should be confined to issues presented by the pleadings and supported by evidence.” Jensen v. Archbishop Bergan Mercy Hosp., 236 Neb. at 8, 459 N. W.2d at 183 . | 3 | 3 |
State v. Jaspergreen2 sentences1993Nothing in the circumstantial evidence instruction detracts from the proof beyond a reasonable doubt requirement. “ ‘In an appeal based on the claim of an erroneous instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.’ ” State v. Jasper, 237 Neb. 754, 757 , 467 N.W.2d 855, 858 (1991), quoting Rose v. City of Lincoln, 234 Neb. 67 , 449 N.W.2d 522 (1989). *516 Since the challenged instructions accurately state the law, were not misleading, and did not deprive appellant of a substant 1993Nothing in the circumstantial evidence instruction detracts from the proof beyond a reasonable doubt requirement. “ ‘In an appeal based on the claim of an erroneous instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.’ ” State v. Jasper, 237 Neb. 754, 757 , 467 N.W.2d 855, 858 (1991), quoting Rose v. City of Lincoln, 234 Neb. 67 , 449 N.W.2d 522 (1989). *516 Since the challenged instructions accurately state the law, were not misleading, and did not deprive appellant of a substant | 2 | 4 |
State v. Samayoagreen2 sentences2024See State v. Samayoa, 292 Neb. 334 , 873 N.W.2d 449 (2015). 2015In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden - 335 - Nebraska A dvance Sheets 292 Nebraska R eports STATE v. SAMAYOA Cite as 292 Neb. 334 to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. 9. | 1 | 2 |
| State v. Harneygreen | 1 | 2 |
| State v. Piercegreen | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Hinrichsen
green
2 sentences2018State v. Hinrichsen, 292 Neb. 611 , 877 N.W.2d 211 (2016). (b) Analysis Jury instruction No. 7 provided to the jury informed it of the elements of the charge of first degree sexual assault. 2018State v. Hinrichsen, 292 Neb. 611 , 877 N.W.2d 211 (2016). (b) Analysis Jury instruction No. 7 provided to the jury informed it of the elements of the charge of first degree sexual assault. | 9 | 2016–2018 |
Hamernick v. Essex Dodge Ltd.
green
2 sentences2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). 2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). | 7 | 1996–2000 |
State v. Derry
green
2 sentences2004Mowell, supra; State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995). 2. 2004Mowell, supra; State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995). 2. | 6 | 1996–2004 |
Tapp v. Blackmore Ranch, Inc.
green
2 sentences2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). 2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). | 6 | 1998–2000 |
Dolberg v. Paltani
green
2 sentences2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). 2000Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999); Tapp v. Blackmore Ranch, 254 Neb. 40 , 575 N.W.2d 341 (1998); Dolberg v. Paltani, 250 Neb. 297 , 549 N.W.2d 635 (1996); Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995). | 5 | 1997–2000 |
State v. Swindle
green
2 sentences2018In an appeal based on a claim of an erroneous jury instruction, all the jury instructions must be read together, and if, taken as a whole, they correctly state the law, are not misleading, and adequately cover the issues supported by the pleadings and the evidence, there is no prejudicial error necessitating reversal. - 735 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE v. SWINDLE Cite as 300 Neb. 734 9 . 2018Stat. § 28-830 (14) (Reissue 2016) (now found at § 28-830(12) (Supp. 2017)). - 744 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE v. SWINDLE Cite as 300 Neb. 734 aside Swindle’s habitual criminal status, sex trafficking of a minor is a Class IB felony,8 with a minimum penalty of 20 years’ imprisonment and a maximum of life imprisonment; whereas sex trafficking of an adult is a Class II felony,9 with a minimum penalty of 1 year’s imprisonment and a maximum of 50 years’ imprisonment.10 [7,8] In an appeal based on a claim of an erroneous jury instruction, the appellant has t | 4 | 2018–2025 |
State v. Fischer
green
2 sentences2022Id. 2008Id. | 4 | 2007–2022 |
State v. McHenry
green
2 sentences1999State v. McHenry, 250 Neb. 614 , 550 N.W.2d 364 (1996); State v. Woods, 249 Neb. 138 , 542 N.W.2d 410 (1996); State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995). 1999State v. McHenry, 250 Neb. 614 , 550 N.W.2d 364 (1996); State v. Woods, 249 Neb. 138 , 542 N.W.2d 410 (1996); State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995). | 4 | 1998–1999 |
Sacco v. Carothers
green
2 sentences1998Sacco v. Carothers, 253 Neb. 9 , 567 N.W.2d 299 (1997). 1998Sacco v. Carothers, 253 Neb. 9 , 567 N.W.2d 299 (1997). | 4 | 1998–1998 |
State v. Sanders
green
2 sentences2015He contends that the evidence showed either he committed robbery or he did not, and that the evidence cannot be construed to show he aided and abetted a robbery. [18,19] The determination of whether a jury instruction is correct is a question of law, and an appellate court resolves questions of law independently of the determination reached by the trial court.41 In an appeal based on a claim of an erro- neous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.42 41 See State 2015He contends that the evidence showed either he committed robbery or he did not, and that the evidence cannot be construed to show he aided and abetted a robbery. [18,19] The determination of whether a jury instruction is correct is a question of law, and an appellate court resolves questions of law independently of the determination reached by the trial court.41 In an appeal based on a claim of an erro- neous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant.42 41 See State | 3 | 2006–2022 |
State v. Mann
green
2 sentences2019Specifically, he requested that the jury be instructed that - 819 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. MANN Cite as 302 Neb. 804 “‘stolen’ means ‘to take or exercise control over movable property of another with the intent to deprive him or her thereof.’”40 On appeal, he argues that the district court erred in refusing that instruction. [19,20] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. 2019Specifically, he requested that the jury be instructed that - 819 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. MANN Cite as 302 Neb. 804 “‘stolen’ means ‘to take or exercise control over movable property of another with the intent to deprive him or her thereof.’”40 On appeal, he argues that the district court erred in refusing that instruction. [19,20] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. | 3 | 2019–2019 |
State v. McCurry
green
2 sentences2019State v. McCurry, 296 Neb. 40 , 891 N.W.2d 663 (2017). [13,14] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. 2019State v. McCurry, 296 Neb. 40 , 891 N.W.2d 663 (2017). [13,14] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. | 3 | 2017–2019 |
State v. Iromuanya
green
2 sentences2016State v. Iromuanya, 272 Neb. 178 , 719 N.W.2d 263 (2006). 2016State v. Iromuanya, 272 Neb. 178 , 719 N.W.2d 263 (2006). | 3 | 2007–2016 |
Nebraska Nutrients, Inc. v. Shepherd
green
2 sentences2003Nebraska Nutrients v. Shepherd, 261 Neb. 723 , 626 N.W.2d 472 (2001). 2003Nebraska Nutrients v. Shepherd, 261 Neb. 723 , 626 N.W.2d 472 (2001). | 3 | 2002–2003 |
Everts v. Hardcopf-Bickley
green
2 sentences2002Id.; Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999). (a) Negligence Per Se The negligence per se instruction given by the trial court was jury instruction No. 9. 2002Id.; Everts v. Hardcopf-Bickley, 257 Neb. 151 , 595 N.W.2d 911 (1999). (a) Negligence Per Se The negligence per se instruction given by the trial court was jury instruction No. 9. | 3 | 2000–2002 |
Sindelar v. Canada Transport, Inc.
green
2 sentences2000Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995); Sindelar v. Canada Transport, Inc., 246 Neb. 559 , 520 N.W.2d 203 (1994). 2000Hamernick v. Essex Dodge Ltd., 247 Neb. 392 , 527 N.W.2d 196 (1995); Sindelar v. Canada Transport, Inc., 246 Neb. 559 , 520 N.W.2d 203 (1994). | 3 | 1995–2000 |
State v. Flye
green
2 sentences1996State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995); State v. McHenry, 247 Neb. 167 , 525 N.W.2d 620 (1995); State v. Flye, 245 Neb. 495 , 513 N.W.2d 526 (1994). 1996State v. Derry, 248 Neb. 260 , 534 N.W.2d 302 (1995); State v. McHenry, 247 Neb. 167 , 525 N.W.2d 620 (1995); State v. Flye, 245 Neb. 495 , 513 N.W.2d 526 (1994). | 3 | 1995–1996 |
Sikyta v. Arrow Stage Lines, Inc.
green
2 sentences1994Petska v. Olson Gravel, Inc., 243 Neb. 568 , 500 N.W.2d 828 (1993); Kozeny v. Miller, 243 Neb. 402 , 499 N.W.2d 75 (1993); Sikyta v. Arrow Stage Lines, 238 Neb. 289 , 470 N.W.2d 724 (1991). 1994Petska v. Olson Gravel, Inc., 243 Neb. 568 , 500 N.W.2d 828 (1993); Kozeny v. Miller, 243 Neb. 402 , 499 N.W.2d 75 (1993); Sikyta v. Arrow Stage Lines, 238 Neb. 289 , 470 N.W.2d 724 (1991). | 3 | 1992–1994 |
State v. Mowell
green
2 sentences2025Id. (c) Analysis In his brief on appeal, Divis now asserts that the district court erred in failing to include a definition of “domicile” in Jury Instruction No. 7. 2004Id. | 2 | 2004–2025 |
State v. Mueller
green
2 sentences2019He claims that jury instruction No. 5 allowed 22 Ecker v. E & A Consulting Group, 302 Neb. 578 , 924 N.W.2d 671 (2019). 23 State v. Mueller, 301 Neb. 778 , 920 N.W.2d 424 (2018). 24 Id. 25 State v. Paez, supra note 6 . - 277 - Nebraska Supreme Court A dvance Sheets 304 Nebraska R eports STATE v. LEE Cite as 304 Neb. 252 the jury to find him guilty on counts I and V if they believed that these counts occurred “anywhere,” which effectively relieved the State of its burden to prove venue on these counts.26 He argues that the overbreadth of this instruction was especially prejudicial because of th 2018The following standards relate to our review of assignments of error regarding jury instructions given or refused. [5] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the - 789 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE v. MUELLER Cite as 301 Neb. 778 questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. | 2 | 2018–2019 |
State v. Paez
neutral
2 sentences2019Supp. 2018). - 684 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. PAEZ Cite as 302 Neb. 676 prosecution.23 In contrast, utilizing an electronic communica- tion device to transmit lewd or sexually explicit material or to offer or solicit indecent acts is not a crime when the recipi- ent is age 16 or over (unless the recipient is “a peace officer who is believed by [the defendant] to be a child under sixteen years of age”).24 [4] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejud 2019Supp. 2018). - 684 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. PAEZ Cite as 302 Neb. 676 prosecution.23 In contrast, utilizing an electronic communica- tion device to transmit lewd or sexually explicit material or to offer or solicit indecent acts is not a crime when the recipi- ent is age 16 or over (unless the recipient is “a peace officer who is believed by [the defendant] to be a child under sixteen years of age”).24 [4] In an appeal based on a claim of an erroneous jury instruction, the appellant has the burden to show that the questioned instruction was prejud | 2 | 2019–2019 |
State v. Robinson
green
2 sentences2015State v. Robinson, 278 Neb. 212 , 769 N.W.2d 366 (2009). 2015State v. Robinson, 278 Neb. 212 , 769 N.W.2d 366 (2009). | 2 | 2009–2015 |
State v. Welch
green
2 sentences2009State v. Welch, 275 Neb. 517 , 747 N.W.2d 613 (2008). 2009State v. Welch, 275 Neb. 517 , 747 N.W.2d 613 (2008). | 2 | 2009–2009 |
| Gary's Implement, Inc. v. Bridgeport Tractor Parts, Inc. green | 2 | 2005–2006 |
State v. Grosshans
neutral
2 sentences2006State v. Grosshans, 270 Neb. 660 , 707 N.W.2d 405 (2005); State v. Anderson, 269 Neb. 365, 693 N.W.2d 267 (2005). 2006State v. Grosshans, 270 Neb. 660 , 707 N.W.2d 405 (2005); State v. Anderson, 269 Neb. 365, 693 N.W.2d 267 (2005). | 2 | 2006–2006 |
State v. Anderson
green
2 sentences2006State v. Grosshans, 270 Neb. 660 , 707 N.W.2d 405 (2005); State v. Anderson, 269 Neb. 365, 693 N.W.2d 267 (2005). 2006State v. Grosshans, 270 Neb. 660 , 707 N.W.2d 405 (2005); State v. Anderson, 269 Neb. 365, 693 N.W.2d 267 (2005). | 2 | 2005–2006 |
State v. Bao
green
2 sentences2006State v. Bao, 263 Neb. 439 , 640 N.W.2d 405 (2002). 2006State v. Bao, 263 Neb. 439 , 640 N.W.2d 405 (2002). | 2 | 2002–2006 |
| State v. Wright green | 2 | 2001–2005 |
| State v. Brown green | 2 | 2000–2003 |
| State v. Woods green | 2 | 1996–1999 |
| State v. Ryan green | 2 | 1996–1998 |
| State v. McHenry green | 2 | 1995–1996 |
| Kopecky v. National Farms, Inc. green | 2 | 1994–1994 |
| State v. German green | 1 | 2025–2025 |
| State v. Brown green | 1 | 2025–2025 |
| Vredeveld v. Clark green | 1 | 2022–2022 |
| VKGS v. Planet Bingo green | 1 | 2021–2021 |
| State v. Jenkins green | 1 | 2020–2020 |
| State v. Valentine green | 1 | 2019–2019 |
| Ecker v. E&A Consulting Grp., Inc. green | 1 | 2019–2019 |
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.
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.