statute or constitutional requirement (Nebraska) · Go Syfert
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statute or constitutional requirement in Nebraska

122 Nebraska opinions name it 2 courts 2014–2026 83 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. Castillo-Zamoragreen
neb · 2014 · cited in 6 Nebraska opinions naming this issue, 2014–2020
2 sentences

2020See State v. Castillo-Zamora, 289 Neb. 382 , 855 N.W.2d 14 -4- (2014).

2020See State v. Castillo-Zamora, 289 Neb. 382 , 855 N.W.2d 14 -4- (2014).

66
State v. Burriesgreen
neb · 2017 · cited in 2 Nebraska opinions naming this issue, 2017–2019
2 sentences

2019See State v. Burries, 297 Neb. 367 , 900 N.W.2d 483 (2017).

2019See State v. Burries, 297 Neb. 367 , 900 N.W.2d 483 (2017).

22

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 (40)

CaseCitedYears
State v. Npimnee green
neb · 2024
2 sentences

2026State v. Npimnee, 316 Neb. 1 , 2 N.W.3d 620 (2024).

2026State v. Npimnee, 316 Neb. 1 , 2 N.W.3d 620 (2024).

212024–2026
State v. Warner green
neb · 2022
2 sentences

2024Id. [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Warner, 312 Neb. 116 , 977 N.W.2d 904 (2022).

132022–2024
State v. Lowman green
neb · 2021
2 sentences

2024State v. Lowman, 308 Neb. 482 , 954 N.W.2d 905 (2021).

2024State v. Lowman, 308 Neb. 482 , 954 N.W.2d 905 (2021).

102021–2024
State v. Theisen green
neb · 2020
2 sentences

2021The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 3 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 4 In reviewing claims of ineffec

2021The relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 3 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. 4 In reviewing claims of ineffec

82020–2022
State v. Cotton green
neb · 2018
2 sentences

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018). [5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018). [5] Whether a claim of ineffective assistance of trial coun- sel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

82018–2019
State v. Collins green
neb · 2020
2 sentences

2024State v. Collins, 307 Neb. 581 , 950 N.W.2d 89 (2020).

2024State v. Collins, 307 Neb. 581 , 950 N.W.2d 89 (2020).

72021–2024
State v. Golyar green
neb · 2018
2 sentences

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

72018–2024
State v. Stelly green
neb · 2019
2 sentences

2024State v. Stelly, 304 Neb. 33 , 932 N.W.2d 857 (2019).

2024State v. Stelly, 304 Neb. 33 , 932 N.W.2d 857 (2019).

62019–2024
State v. Drake green
neb · 2022
2 sentences

2022State v. Drake, 311 Neb. 219 , 971 N.W.2d 759 (2022).

2022State v. Drake, 311 Neb. 219 , 971 N.W.2d 759 (2022).

62022–2022
State v. Miller green
neb · 2024
2 sentences

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

2024When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding. 30 After setting forth the standard of review, we address each instance of alleged ineffective assistance. (a) Standard of Review [17] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turn

52024–2024
State v. Hood green
neb · 2018
2 sentences

2020STANDARD OF REVIEW [1,2] A trial court is afforded discretion in deciding whether to accept guilty pleas, and an appellate court will reverse the trial court’s determination only in case of an abuse of discretion. 1 An abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition. 2 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the re

2020STANDARD OF REVIEW [1,2] A trial court is afforded discretion in deciding whether to accept guilty pleas, and an appellate court will reverse the trial court’s determination only in case of an abuse of discretion. 1 An abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition. 2 [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the re

52019–2020
State v. Garcia green
neb · 2019
2 sentences

2020State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019).

2020State v. Garcia, 302 Neb. 406 , 923 N.W.2d 725 (2019).

52019–2020
State v. Avina-Murillo green
neb · 2018
2 sentences

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018), disapproved on other grounds, State v. Avina-Murillo, 301 Neb. 185 , 917 N.W.2d 865 .

2018State v. Cotton, 299 Neb. 650 , 910 N.W.2d 102 (2018), disapproved on other grounds, State v. Avina-Murillo, 301 Neb. 185 , 917 N.W.2d 865 .

42018–2018
State v. Zitterkopf neutral
neb · 2024
2 sentences

2024State v. Zitterkopf, 317 Neb. 312 , 9 N.W.3d 896 (2024).

2024State v. Zitterkopf, 317 Neb. 312 , 9 N.W.3d 896 (2024).

32024–2024
State v. Wells green
neb · 2018
2 sentences

2019State v. Wells, 300 Neb. 296 , 912 N.W.2d 896 (2018).

2019State v. Wells, 300 Neb. 296 , 912 N.W.2d 896 (2018).

32018–2019
State v. McCurdy green
neb · 2018
2 sentences

2019State v. McCurdy , 301 Neb. 343 , 918 N.W.2d 292 (2018). **420 Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. *739 State v. Hood , 301 Neb. 207 , 917 N.W.2d 880 (2018).

2019State v. McCurdy , 301 Neb. 343 , 918 N.W.2d 292 (2018). **420 Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement. *739 State v. Hood , 301 Neb. 207 , 917 N.W.2d 880 (2018).

32019–2019
State v. Briggs green
neb · 2024
2 sentences

2026State v. Briggs, 317 Neb. 296 , 9 N.W.3d 632 (2024).

2026State v. Briggs, 317 Neb. 296 , 9 N.W.3d 632 (2024).

22025–2026
State v. German green
neb · 2024
2 sentences

2025State v. German, 316 Neb. 841 , 7 N.W.3d 206 (2024).

2025State v. German, 316 Neb. 841 , 7 N.W.3d 206 (2024).

22025–2025
State v. Martinez green
neb · 2020
2 sentences

2021Id.

2021State v. Martinez, 306 Neb. 516 , 946 N.W.2d 445 (2020).

22021–2021
State v. Iddings green
neb · 2020
2 sentences

2020State v. Iddings, 304 Neb. 759 , 936 N.W.2d 747 (2020).

2020State v. Iddings, 304 Neb. 759 , 936 N.W.2d 747 (2020).

22020–2020
State v. Johnson green
nebctapp · 2024
1 sentence

2026Id.

12026–2026
State v. Corral green
neb · 2025
2 sentences

2026State v. Corral, 318 Neb. 940 , 20 N.W.3d 372 (2025).

2026State v. Corral, 318 Neb. 940 , 20 N.W.3d 372 (2025).

12026–2026
State v. Figures green
neb · 2021
2 sentences

2025State v. Figures, 308 Neb. 801 , 957 N.W.2d 161 (2021). -3- Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2025State v. Figures, 308 Neb. 801 , 957 N.W.2d 161 (2021). -3- Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

12025–2025
State v. Clark green
neb · 2024
1 sentence

2025Id. [5,6] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

12025–2025
State v. John green
neb · 2022
2 sentences

2025State v. John, 310 Neb. 958 , 969 N.W.2d 894 (2022).

2025State v. John, 310 Neb. 958 , 969 N.W.2d 894 (2022).

12025–2025
State v. Dixon green
neb · 2013
2 sentences

2024State v. Dixon, 286 Neb. 334 , 837 N.W.2d 496 (2013). [2,3] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Dixon, 286 Neb. 334 , 837 N.W.2d 496 (2013). [2,3] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

12024–2024
State v. Garcia green
neb · 2023
2 sentences

2024State v. Garcia, 315 Neb. 74 , 994 N.W.2d 610 (2023). [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Garcia, 315 Neb. 74 , 994 N.W.2d 610 (2023). [3,4] Whether a claim of ineffective assistance of trial counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

12024–2024
State v. Lara green
neb · 2024
2 sentences

2024State v. Lara, 315 Neb. 856 , 2 N.W.3d 1 (2024). [7,8] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

2024State v. Lara, 315 Neb. 856 , 2 N.W.3d 1 (2024). [7,8] Whether a claim of ineffective assistance of counsel can be determined on direct appeal presents a question of law, which turns upon the sufficiency of the record to address the claim without an evidentiary hearing or whether the claim rests solely on the interpretation of a statute or constitutional requirement.

12024–2024
State v. Blake green
neb · 2022
12023–2023
State v. Morton green
neb · 2021
12022–2022
State v. Weathers green
neb · 2019
12022–2022
State v. Estrada Comacho green
neb · 2021
12021–2021
State v. Stack green
neb · 2020
12021–2021
State v. Briggs neutral
neb · 2021
12021–2021
State v. Wilson green
neb · 2020
12020–2020
State v. Tyler P. green
neb · 2018
12020–2020
State v. Price green
neb · 2020
12020–2020
State v. Manjikian green
neb · 2019
12020–2020
State v. Lamberson green
nebctapp · 2018
12018–2018
State v. Collins green
neb · 2016
12017–2017

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 28-105 (69) NE § Neb. Rev. Stat. § 28-106 (19) NE § Neb. Rev. Stat. § 28-416 (19) NE § Neb. Rev. Stat. § 28-319 (18) NE § Neb. Rev. Stat. § 28-319.01 (17) NE § Neb. Rev. Stat. § 28-201 (13) NE § Neb. Rev. Stat. § 29-2260 (12) NE § Neb. Rev. Stat. § 27-404 (11) NE § Neb. Rev. Stat. § 27-403 (10) NE § Neb. Rev. Stat. § 28-318 (8) NE § Neb. Rev. Stat. § 28-518 (8) NE § Neb. Rev. Stat. § 29-2221 (8)

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 122 (2014–2026) IL 18 (2006–2020)

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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