assigned error (Nebraska) · Go Syfert
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assigned error in Nebraska

112 Nebraska opinions name it 2 courts 1881–2026 48 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 (30)

CaseFollowedCited
State v. Mrzagreen
neb · 2019 · cited in 8 Nebraska opinions naming this issue, 2020–2026
2 sentences

2025We find that this assigned error does not comply with the specificity require- ment set forth in State v. Mrza, 302 Neb. 931, 926 N.W.2d 79 (2019).

2025We find that this assigned error does not comply with the specificity require- ment set forth in State v. Mrza, 302 Neb. 931, 926 N.W.2d 79 (2019).

48
State v. Abdullahgreen
neb · 2014 · cited in 8 Nebraska opinions naming this issue, 2019–2026
2 sentences

2025In determining whether the assigned error is stated with particularity, it must satisfy the two-prong test prescribed in State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014).

2025In determining whether the assigned error is stated with particularity, it must satisfy the two-prong test prescribed in State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014).

48
State v. Ruppgreen
neb · 2025 · cited in 4 Nebraska opinions naming this issue, 2025–2026
2 sentences

2026We find that this assigned error does not comply with the specificity set forth in State v. Rupp, 320 Neb. 502 , 28 N.W.3d 74 (2025).

2025In Judge Bishop’s view of our case law, “If the alleged deficient performance is identified in the assigned error and there is a directly corresponding heading and discussion in 15 Id. at 582 , 19 N.W.3d at 787. 16 Id. at 583, 19 N.W.3d at 788. 17 Id. at 586, 19 N.W.3d at 789. - 514 - Nebraska Supreme Court Advance Sheets 320 Nebraska Reports STATE V.

24
State v. Lottergreen
neb · 1998 · cited in 2 Nebraska opinions naming this issue, 1999–2003
2 sentences

2003We held that “[a] party who does not request a desired jury instruction cannot complain on appeal about incomplete instructions.” Lotter, 255 Neb. at 508, 586 N.W.2d at 628 .

1999See State v. Lotter, 255 Neb. 456 , 586 N.W.2d 591 (1998) (claims of ineffective assistance of counsel raised for first time on direct appeal do not require dismissal ipso facto; determining factor is whether record is sufficient to adequately review question; when issue has not been raised or ruled on at trial court level and matter necessitates evidentiary hearing, appellate court will not address matter on direct appeal).

22
State v. Leegreen
neb · 1987 · cited in 2 Nebraska opinions naming this issue, 1996–1998
2 sentences

1998See, State v. Lee, 227 Neb. 277 , 417 N.W.2d 26 (1987); State v. Noll, 3 Neb.

1998See, State v. Lee, 227 Neb. 277 , 417 N.W.2d 26 (1987); State v. Noll, 3 Neb.

22
State v. Woodgreen
neb · 2021 · cited in 3 Nebraska opinions naming this issue, 2023–2025
2 sentences

2025The broad statement that an investigator should have been requested to assist in trial preparation is akin to the assigned error we found insufficiently pled in Woodruff, supra. See, also, State v. Wood, 310 Neb. 391 , 966 N.W.2d 825 (2021) (holding assignment of error that counsel was ineffective in failing to investigate case fully was insufficiently pled).

2025The broad statement that an investigator should have been requested to assist in trial preparation is akin to the assigned error we found insufficiently pled in Woodruff, supra. See, also, State v. Wood, 310 Neb. 391 , 966 N.W.2d 825 (2021) (holding assignment of error that counsel was ineffective in failing to investigate case fully was insufficiently pled).

13
State v. Harrisgreen
neb · 1980 · cited in 3 Nebraska opinions naming this issue, 1981–2017
2 sentences

1981“It is the law in Nebraska that, where allegedly prejudicial remarks of counsel do not appear in the bill of exceptions, this court is precluded from considering an assigned error concerning such remarks.” State v. Harris, 205 Neb. 844, 851 , 290 N.W.2d 645, 650 (1980).

1981“It is the law in Nebraska that, where allegedly prejudicial remarks of counsel do not appear in the bill of exceptions, this court is precluded from considering an assigned error concerning such remarks.” State v. Harris, 205 Neb. 844, 851 , 290 N.W.2d 645, 650 (1980).

13
de Vries v. L & L Custom Buildersgreen
neb · 2021 · cited in 1 Nebraska opinions naming this issue, 2025–2025
2 sentences

2025See de Vries v. L & L Custom Builders, 310 Neb. 543 , 968 N.W.2d 64 (2021). (ii) Statutory Definition of Negligence Lear assigns that the district court erred in instructing the jury using the statutory definition of negligence.

2025See de Vries v. L & L Custom Builders, 310 Neb. 543 , 968 N.W.2d 64 (2021). (ii) Statutory Definition of Negligence Lear assigns that the district court erred in instructing the jury using the statutory definition of negligence.

11
State v. Blakegreen
neb · 2022 · cited in 1 Nebraska opinions naming this issue, 2025–2025
11
State v. $18,000green
neb · 2022 · cited in 1 Nebraska opinions naming this issue, 2025–2025
1 sentence

2025See State v. $18,000, 311 Neb. 621 , 974 N.W.2d 290 (2022).

11
State v. Sinkeygreen
neb · 2019 · cited in 1 Nebraska opinions naming this issue, 2025–2025
2 sentences

2025See State v. Sinkey, 303 Neb. 345 , 929 N.W.2d 35 (2019) (holding that allegations that counsel “lightly” cross-examined two witnesses was insufficiently pled due to absence of detail regarding what questions should have been asked that would have contributed to defense). -8- Notwithstanding the insufficiency of Ashing’s assigned error, we note that the State called Dauel and elicited much of the testimony related to Ashing’s behavior and demeanor after he had arrived at their home but prior to the stabbing.

2025See State v. Sinkey, 303 Neb. 345 , 929 N.W.2d 35 (2019) (holding that allegations that counsel “lightly” cross-examined two witnesses was insufficiently pled due to absence of detail regarding what questions should have been asked that would have contributed to defense). -8- Notwithstanding the insufficiency of Ashing’s assigned error, we note that the State called Dauel and elicited much of the testimony related to Ashing’s behavior and demeanor after he had arrived at their home but prior to the stabbing.

11
State v. THOI VOgreen
neb · 2010 · cited in 1 Nebraska opinions naming this issue, 2024–2024
11
Scalist v. Davisgreen
neb · 2022 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
Nesbitt Ex Rel. Himself & All Other Similarly Situated Neb. State Penitentiary Segregated Prisoners v. Frakesgreen
neb · 2018 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
State v. Santos-Romerogreen
nebctapp · 2022 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
Scalise v. Davisgreen
neb · 2022 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
Rixson Merle Perry v. Globe Auto Recycling, Inc., William J. Zuccaro, William M. Zuccaro, Robert Zuccaro, and Daniel Carmin Tarrygreen
ca7 · 2000 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
Gallagher v. Graham (In Re Estate of Graham)green
neb · 2018 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
State v. Blahagreen
neb · 2019 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11
State v. Thomasgreen
neb · 2019 · cited in 1 Nebraska opinions naming this issue, 2022–2022
11
Donald v. Donaldgreen
neb · 2017 · cited in 1 Nebraska opinions naming this issue, 2022–2022
11
TNT Cattle Co. v. Fifegreen
neb · 2020 · cited in 1 Nebraska opinions naming this issue, 2022–2022
11
Coleman v. Kahlergreen
nebctapp · 2009 · cited in 1 Nebraska opinions naming this issue, 2021–2021
11
State v. McManusgreen
neb · 1999 · cited in 1 Nebraska opinions naming this issue, 2019–2019
11
Mays v. Midnite Dreams, Inc.green
neb · 2018 · cited in 1 Nebraska opinions naming this issue, 2019–2019
11
State v. Interiano Alvaradogreen
nebctapp · 2019 · cited in 1 Nebraska opinions naming this issue, 2019–2019
11
State v. Wattgreen
neb · 2013 · cited in 1 Nebraska opinions naming this issue, 2014–2014
11
Hass v. Nethgreen
neb · 2003 · cited in 1 Nebraska opinions naming this issue, 2013–2013
11
Genthon v. Kratvillered
neb · 2005 · cited in 1 Nebraska opinions naming this issue, 2013–2013
11
Slansky v. Nebraska State Patrolgreen
neb · 2004 · cited in 1 Nebraska opinions naming this issue, 2005–2005
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Weathersgreen
neb · 2019 · cited in 1 Nebraska opinions naming this issue, 2023–2023
11

Also cited on this issue (49)

CaseCitedYears
State v. Boppre green
neb · 2023
2 sentences

2026State v. Boppre, 315 Neb. 203 , 995 N.W.2d 28 (2023).

2026State v. Boppre, 315 Neb. 203 , 995 N.W.2d 28 (2023).

32025–2026
State v. Golyar green
neb · 2018
2 sentences

2019Id. *418 On direct appeal, allegations of how the defendant was prejudiced by trial counsel's allegedly deficient conduct are unnecessary in our determination of whether the trial record supports the assigned error.

2019Id. [25,26] On direct appeal, allegations of how the defendant was prejudiced by trial counsel’s allegedly deficient conduct are unnecessary in our determination of whether the trial record supports the assigned error.

32019–2019
State v. Filholm green
neb · 2014
2 sentences

2019State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014), citing State v. Filholm, 287 Neb. 763 , 848 N.W.2d 571 (2014).

2019State v. Abdullah, 289 Neb. 123 , 853 N.W.2d 858 (2014), citing State v. Filholm, 287 Neb. 763 , 848 N.W.2d 571 (2014).

32019–2019
State v. Hagens green
neb · 2025
2 sentences

2026See, State v. Rupp, 320 Neb. 502 , 28 N.W.3d 74 (2025); State v. -5- Mrza, 302 Neb. 931 , 926 N.W.2d 79 (2019), disapproved on other grounds, State v. Hagens, 320 Neb. 65 , 26 N.W.3d 174 (2025).

2026See, State v. Rupp, 320 Neb. 502 , 28 N.W.3d 74 (2025); State v. Mrza, 302 Neb. 931 , 926 N.W.2d 79 (2019), disapproved on other grounds, State v. Hagens, 320 Neb. 65 , 26 N.W.3d 174 (2025).

22026–2026
State v. Trail green
neb · 2022
2 sentences

2022TRAIL Cite as 312 Neb. 843 requirement of arguing an assigned error to obtain consider- ation by an appellate court. 60 [18] In the absence of analytical support, we hold the Eighth Amendment and article I, §§ 9 and 15, of the Nebraska Constitution are not violated by death qualification in a capital case.

2022TRAIL Cite as 312 Neb. 843 requirement of arguing an assigned error to obtain consider- ation by an appellate court. 60 [18] In the absence of analytical support, we hold the Eighth Amendment and article I, §§ 9 and 15, of the Nebraska Constitution are not violated by death qualification in a capital case.

22022–2022
Miranda v. Arizona green
scotus · 1966
2 sentences

2014This assigned error is without merit. [1-3] In Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L.

2014This assigned error is without merit. [1-3] In Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L.

22014–2014
Anderson v. Cowger green
neb · 1954
2 sentences

2007In Anderson v. Cowger, 158 Neb. 772 , 65 N.W.2d 51 (1954), the employee was off work for a period of time following his accident and injury and then returned to work part time.

2007In Anderson v. Cowger, 158 Neb. 772 , 65 N.W.2d 51 (1954), the employee was off work for a period of time following his accident and injury and then returned to work part time.

22007–2007
Hollingsworth v. BD. OF ED. OF SCHOOL DIST. green
neb · 1981
2 sentences

1999Daily’s argument to the district court on this point was based on Hollingsworth v. Board of Education, 208 Neb. 350 , 303 N.W.2d 506 (1981).

1999Daily’s argument to the district court on this point was based on Hollingsworth v. Board of Education, 208 Neb. 350 , 303 N.W.2d 506 (1981).

21999–1999
State v. Noll green
nebctapp · 1995
2 sentences

1998See, State v. Lee, 227 Neb. 277 , 417 N.W.2d 26 (1987); State v. Noll, 3 Neb.

1996See, State v. Lee, 227 Neb. 277 , 417 N.W.2d 26 (1987); State v. Noll, 3 Neb.

21996–1998
Farmers Co-Op Grain Co. v. Leuenberger green
neb · 1984
2 sentences

1985Each assignment of error shall be separately numbered and paragraphed, bearing in mind that consideration of the case will be limited to errors assigned and discussed.... *311 In Farmers Co-op Grain Co. v. Leuenberger, 217 Neb. 288 , 348 N.W.2d 135 (1984), we held that in the absence of an assigned error, the judgment of the district court will be affirmed.

1985Each assignment of error shall be separately numbered and paragraphed, bearing in mind that consideration of the case will be limited to errors assigned and discussed.... *311 In Farmers Co-op Grain Co. v. Leuenberger, 217 Neb. 288 , 348 N.W.2d 135 (1984), we held that in the absence of an assigned error, the judgment of the district court will be affirmed.

21985–1985
State v. Childs green
neb · 1993
2 sentences

2026We have already addressed the motion to suppress, so we consider only Mumm’s broad assertion that the court “failed to sustain objections.” In the argument section of Mumm’s brief regarding this assigned error, he states that there is “no two-plate rule that would allow the Deputy to unconstitutionally seize [him],” the deputy “failed to establish” he was doing “anything illegal or about to do anything illegal,” and the deputy’s basis for the stop “violates case law set forth” in State v. Childs, 242 Neb. 426 , 495 N.W.2d 475 (1993).

2026We have already addressed the motion to suppress, so we consider only Mumm’s broad assertion that the court “failed to sustain objections.” In the argument section of Mumm’s brief regarding this assigned error, he states that there is “no two-plate rule that would allow the Deputy to unconstitutionally seize [him],” the deputy “failed to establish” he was doing “anything illegal or about to do anything illegal,” and the deputy’s basis for the stop “violates case law set forth” in State v. Childs, 242 Neb. 426 , 495 N.W.2d 475 (1993).

12026–2026
cluster 10832420 green
·
1 sentence

2026Thus, the allegation “require[s] additional information to understand precisely what the assignment attacks.” State v. Lopez, 321 Neb. 118, 149 , 32 N.W.3d 868 (2026).

12026–2026
cluster 10864182 green
·
2 sentences

2026Therefore, we read this assigned error to focus on her standing to bring this action on behalf of the Estate. [9] Under the Nebraska Probate Code, the right and duty to sue and recover assets for an estate reside not in the devisees, - 293 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports REILLY v. PANSING HOGAN ERNST & BACHMAN Cite as 34 Neb.

2026Therefore, we read this assigned error to focus on her standing to bring this action on behalf of the Estate. [9] Under the Nebraska Probate Code, the right and duty to sue and recover assets for an estate reside not in the devisees, - 293 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports REILLY v. PANSING HOGAN ERNST & BACHMAN Cite as 34 Neb.

12026–2026
Clark v. Scheels All Sports green
neb · 2023
2 sentences

2025Clark v. Scheels All Sports, 314 Neb. 49 , 989 N.W.2d 39 (2023).

2025Clark v. Scheels All Sports, 314 Neb. 49 , 989 N.W.2d 39 (2023).

12025–2025
State v. German green
neb · 2024
2 sentences

2025But in our view, if there was any confusion governing the requirement that the claim must separately be stated with particularity within the assign- ments of error section of the brief for the appellant, meaning the assigned error itself must satisfy the two-prong pleading standard, that matter was recently settled in State v. German, 316 Neb. 841 , 7 N.W.3d 206 (2024).

2025But in our view, if there was any confusion governing the requirement that the claim must separately be stated with particularity within the assign- ments of error section of the brief for the appellant, meaning the assigned error itself must satisfy the two-prong pleading standard, that matter was recently settled in State v. German, 316 Neb. 841 , 7 N.W.3d 206 (2024).

12025–2025
State v. Rush green
neb · 2024
2 sentences

2025As the dissent notes, in State v. Rush, 317 Neb. 622 , 11 N.W.3d 394 (2024), modified on denial of rehearing 317 Neb. 917 , 12 N.W.3d 787 , the Nebraska Supreme Court - 579 - Nebraska Court of Appeals Advance Sheets 33 Nebraska Appellate Reports STATE V.

2025I have empha- sized the word “claim” because, as in State v. Rush, 317 Neb. 622 , 11 N.W.3d 394 (2024), modified on denial of rehearing 317 Neb. 917 , 12 N.W.3d 787 , an assigned error that alleges deficient performance with some degree of specificity, along with its corresponding argument providing further details, may together sufficiently present the claim for consideration on direct appeal.

12025–2025
State v. Rush -- supplemental opinion green
neb · 2024
2 sentences

2025As the dissent notes, in State v. Rush, 317 Neb. 622 , 11 N.W.3d 394 (2024), modified on denial of rehearing 317 Neb. 917 , 12 N.W.3d 787 , the Nebraska Supreme Court - 579 - Nebraska Court of Appeals Advance Sheets 33 Nebraska Appellate Reports STATE V.

2025I have empha- sized the word “claim” because, as in State v. Rush, 317 Neb. 622 , 11 N.W.3d 394 (2024), modified on denial of rehearing 317 Neb. 917 , 12 N.W.3d 787 , an assigned error that alleges deficient performance with some degree of specificity, along with its corresponding argument providing further details, may together sufficiently present the claim for consideration on direct appeal.

12025–2025
State v. Oldson green
neb · 2016
2 sentences

2025State v. Oldson, 293 Neb. 718 , 884 N.W.2d 10 (2016).

2025State v. Oldson, 293 Neb. 718 , 884 N.W.2d 10 (2016).

12025–2025
State v. Rupp green
nebctapp · 2025
2 sentences

2025RUPP Cite as 33 Neb.

2025RUPP Cite as 33 Neb.

12025–2025
State v. Hall neutral
nebctapp · 2025
1 sentence

2025HALL Cite as 33 Neb.

12025–2025
Strickland v. Washington green
scotus · 1984
12024–2024
How v. Mars green
neb · 1994
12024–2024
State v. Irish green
neb · 1986
12024–2024
Timothy L. Ashford, PC LLO v. Roses green
neb · 2023
12023–2023
State v. Carlson green
nebctapp · 2023
12023–2023
State v. Mabior green
neb · 2023
12023–2023
State v. Davis green
nebctapp · 2022
12022–2022
State v. Prior green
nebctapp · 2022
12022–2022
State v. Malone green
neb · 2021
12022–2022
Jackson v. Denno green
scotus · 1964
12021–2021
State v. Ash green
neb · 2016
12021–2021
In Re Interest of Jagger L. green
neb · 2006
12020–2020
Bridwell v. Walton green
nebctapp · 2019
12019–2019
State v. Oliveria-Coutinho green
neb · 2015
12019–2019
In re Estate of Forgey green
neb · 2018
12018–2018
Zapata v. McHugh green
neb · 2017
12017–2017
Ehlers v. Perry green
neb · 1993
12017–2017
State v. Kirby green
nebctapp · 2017
12017–2017
State v. Salvador Rodriguez green
neb · 2017
12017–2017
Walker v. Probandt green
nebctapp · 2017
12017–2017

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 28-105 (15) NE § Neb. Rev. Stat. § 28-106 (11) NE § Neb. Rev. Stat. § 28-319 (8) NE § Neb. Rev. Stat. § 2-109 (6) NE § Neb. Rev. Stat. § 27-801 (6) NE § Neb. Rev. Stat. § 28-309 (6) NE § Neb. Rev. Stat. § 28-1205 (5) NE § Neb. Rev. Stat. § 28-1409 (5) NE § Neb. Rev. Stat. § 25-302 (4) NE § Neb. Rev. Stat. § 27-404 (4) NE § Neb. Rev. Stat. § 28-416 (4) NE § Neb. Rev. Stat. § 48-185 (4)

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

OH 416 (1908–2026) LA 149 (1978–2026) NE 112 (1881–2026) IA 53 (1864–1986) WA 52 (1896–2026) MS 48 (1844–2018) IN 43 (1865–2006) OR 40 (1876–2025) CA 37 (1863–2016) TX 34 (1879–2026) MO 34 (1866–2005) IL 32 (1886–2014) VA 29 (1908–2026) OK 29 (1908–2026) PA 24 (1867–2016) NY 24 (1883–2025) GA 21 (1881–1997) AL 20 (1852–1975) FL 19 (1939–2025) MN 16 (1886–1983) MI 16 (1878–2025) NC 14 (1886–2018) CO 14 (1901–2013) WV 14 (1920–2023) NV 11 (1959–2020) CT 10 (1891–2024) TN 10 (1925–2025) AZ 8 (1918–2019) ID 6 (1867–1954) NJ 6 (1993–2021) MT 5 (1923–1995) WY 5 (1892–1975) KS 5 (1895–1989) SD 5 (1894–1983) WI 5 (1901–2021) UT 4 (1911–2017) AR 4 (1931–1983) SC 4 (1909–2021) HI 3 (1976–2013) DC 3 (1944–1997) NM 3 (1936–2023) ND 3 (1907–1962) ME 3 (1975–2015) AK 3 (1999–2025) KY 3 (1908–2010) VT 2 (1925–2025)

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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