first prong test (Nebraska) · Go Syfert
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first prong test in Nebraska

12 Nebraska opinions name it 2 courts 1985–2018 0 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 (1)

CaseFollowedCited
Turner v. Turnergreen
wyo · 1978 · cited in 1 Nebraska opinions naming this issue, 1999–1999
2 sentences

1999We distinguish the situation where mere attempts to settle are made. "[T]he mere pendency of negotiations during the period of a statute of limitations, which are conducted in good faith with a view to ultimate compromise, is not of itself sufficient to establish an estoppel." Turner v. Turner, 582 P.2d 600, 603 (Wyo.1978).

1999We distinguish the situation where mere attempts to settle are made. “[T]he mere pendency of negotiations during the period of a statute of limitations, which are conducted in good faith with a view to ultimate compromise, is not of itself sufficient to establish an estoppel.” Turner v. Turner, 582 P.2d 600, 603 (Wyo. 1978).

11

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 (11)

CaseCitedYears
Woodard v. City of Lincoln green
neb · 1999
2 sentences

2002Woodard v. City of Lincoln, 256 Neb. 61 , 588 N.W.2d 831 (1999).

2002Woodard v. City of Lincoln, 256 Neb. 61 , 588 N.W.2d 831 (1999).

21999–2002
State v. Savage green
neb · 2018
1 sentence

2018Stat. § 27-901 (1) (Reissue 2016). 10 State v. Elseman, 287 Neb. 134 , 841 N.W.2d 225 (2014). 11 Id. - 885 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE v. SAVAGE Cite as 301 Neb. 873 were accurately transcribed and (2) who actually sent the text messages.12 Savage does not challenge the first prong of this test, but, rather, argues that the State failed to prove that Savage was the author of the text messages. [9] The State met its burden for authentication regarding the text messages in exhibits 6, 8, and 23.

12018–2018
Northeast Neb. Pub. Power Dist. v. Nebraska Pub. Power Dist. green
nebctapp · 2017
1 sentence

2017Id.

12017–2017
State v. Vela green
neb · 2017
1 sentence

2017Vela alleged that if his counsel had allowed Zlomke to admin- ister adaptive behavior testing, the results would have shown - 242 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports STATE v. VELA Cite as 297 Neb. 227 that he had significant limitations in adaptive functioning in at least two of the relevant skill areas and that the court would have found that the second prong of the test for “mental retar- dation” had been established.

12017–2017
Manker v. Manker green
neb · 2002
1 sentence

2003Id.

12003–2003
State v. NEB. ASS'N OF PUBLIC EMP. green
neb · 1991
2 sentences

2002Employees, 239 Neb. 653 , 477 N.W.2d 577 (1991); Reifschneider v. Nebraska Methodist Hosp., supra. The first prong of this test is met when one lulls his or her adversary into a false sense of security, thereby causing that person to subject his or her claim to the bar of the statute of limitations, and then pleads the very delay caused by his or her conduct as a defense to the action when it is filed.

2002Employees, 239 Neb. 653 , 477 N.W.2d 577 (1991); Reifschneider v. Nebraska Methodist Hosp., supra. The first prong of this test is met when one lulls his or her adversary into a false sense of security, thereby causing that person to subject his or her claim to the bar of the statute of limitations, and then pleads the very delay caused by his or her conduct as a defense to the action when it is filed.

12002–2002
Elsa W. De Wagenknecht v. Mrs. Hugo Stinnes green
cadc · 1957
1 sentence

2000De Wagenknecht v. Stinnes, 250 F.2d 414 (D.C.

12000–2000
State v. Parks green
neb · 1998
2 sentences

2000State v. Parks, 253 Neb. 939 , 573 N.W.2d 453 (1998); State v. Becerra, supra. Even assuming that the first prong of this test has been satisfied, it is evident that the second prong has not.

2000State v. Parks, 253 Neb. 939 , 573 N.W.2d 453 (1998); State v. Becerra, supra. Even assuming that the first prong of this test has been satisfied, it is evident that the second prong has not.

12000–2000
Strickland v. Washington green
scotus · 1984
2 sentences

1994The first prong of this test requires that defendant show that counsel’s performance “fell below an objective standard of reasonableness.” Id. at 688 , 104 S.Ct. at 2065 .

1994The first prong of this test requires that defendant show that counsel’s performance “fell below an objective standard of reasonableness.” Id. at 688 , 104 S.Ct. at 2065 .

11994–1994
Coker v. Georgia green
scotus · 1977
2 sentences

1985Although holding that a sentence of death for the rape of an adult female was grossly disproportionate and excessive punishment forbidden by the eighth amendment, the U.S. Supreme Court, in Coker v. Georgia, 433 U.S. 584, 597 , 97 S. Ct. 2861 , 53 L.

1985Although holding that a sentence of death for the rape of an adult female was grossly disproportionate and excessive punishment forbidden by the eighth amendment, the U.S. Supreme Court, in Coker v. Georgia, 433 U.S. 584, 597 , 97 S. Ct. 2861 , 53 L.

11985–1985
Solem v. Helm red
scotus · 1983
1 sentence

1985Regarding the first prong of the analysis, the Solem court stated that the gravity of an offense can be determined in part by comparing with other offenses the “harm caused or threatened to the victim or society.” 463 U.S. at 292 .

11985–1985

Where else courts name it

TX 450 (1982–2026) OH 227 (1980–2026) CA 162 (1982–2026) IL 137 (1983–2026) NY 127 (1969–2026) GA 105 (1975–2026) WA 100 (1982–2026) NJ 95 (1985–2026) CT 93 (1981–2025) PA 91 (1975–2026) FL 71 (1981–2025) IA 65 (1983–2024) MI 57 (1977–2026) TN 49 (1991–2025) NM 48 (1988–2026) AL 46 (1985–2024) MA 41 (1982–2023) IN 41 (1988–2024) MO 38 (1984–2016) RI 36 (1987–2017) NC 35 (1984–2024) NH 35 (1988–2025) UT 35 (1983–2025) MS 31 (1992–2024) WI 31 (1978–2025) KS 30 (1978–2024) MT 29 (1985–2023) KY 28 (1993–2026) VA 26 (1986–2026) VT 26 (1988–2025) CO 25 (1973–2026) HI 23 (1981–2024) LA 21 (1991–2025) MD 18 (1988–2024) SD 18 (1976–2025) MN 16 (1977–2024) OR 16 (1996–2021) AZ 14 (1983–2020) ME 14 (1984–2023) DC 13 (1978–2025) ND 12 (1980–2024) NE 12 (1985–2018) SC 12 (1992–2015) AK 11 (1975–2023) OK 9 (1986–2021) WV 9 (1991–2018) ID 7 (1989–2020) WY 7 (1991–2025) NV 6 (1996–2021) AR 5 (2003–2024) DE 5 (2018–2025) VI 4 (2007–2023)

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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