prompt hearing in Nebraska

12 Nebraska opinions name it 2 courts 1979–2025 4 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 (5)

Case	Followed	Cited
State v. Russellgreen neb · 1992 · cited in 1 Nebraska opinions naming this issue, 2018–2018 2 sentences 2018See, also, State v. Russell, 239 Neb. 979 , 479 N.W.2d 798 (1992); State v. Wiemer, 3 Neb. 2018See, also, State v. Russell, 239 Neb. 979 , 479 N.W.2d 798 (1992); State v. Wiemer, 3 Neb.	1	1
State v. Startgreen neb · 1991 · cited in 1 Nebraska opinions naming this issue, 2018–2018 2 sentences 2018App. 362 , 593 N.W.2d 750 (1999). - 261 - Nebraska Supreme Court A dvance Sheets 299 Nebraska R eports STATE v. HAYNES Cite as 299 Neb. 249 information, or complaint; ineffective assistance of counsel; and lack of jurisdiction.”14 [9] On appeal from the denial of postconviction relief with- out an evidentiary hearing, the question is not whether the movant was entitled to relief by having made the requisite showing.15 Instead, we must determine whether the allega- tions were sufficient to grant an evidentiary hearing.16 Section 29-3001(2) states: Unless the motion and the files and records of 2018App. 362 , 593 N.W.2d 750 (1999). - 261 - Nebraska Supreme Court A dvance Sheets 299 Nebraska R eports STATE v. HAYNES Cite as 299 Neb. 249 information, or complaint; ineffective assistance of counsel; and lack of jurisdiction.”14 [9] On appeal from the denial of postconviction relief with- out an evidentiary hearing, the question is not whether the movant was entitled to relief by having made the requisite showing.15 Instead, we must determine whether the allega- tions were sufficient to grant an evidentiary hearing.16 Section 29-3001(2) states: Unless the motion and the files and records of	1	1
State v. Silversgreen neb · 1998 · cited in 1 Nebraska opinions naming this issue, 2000–2000 2 sentences 2000We have recently observed that “[a]n evidentiary hearing on a motion for postconviction relief is required on an appropriate motion containing factual allegations which, if proved, constitute an infringement of the movant’s rights under the state or federal Constitution.” State v. Silvers, 255 Neb. 702, 710, 587 N.W.2d 325, 332 (1998). 2000We have recently observed that “[a]n evidentiary hearing on a motion for postconviction relief is required on an appropriate motion containing factual allegations which, if proved, constitute an infringement of the movant’s rights under the state or federal Constitution.” State v. Silvers, 255 Neb. 702, 710, 587 N.W.2d 325, 332 (1998).	1	1
State v. Vrchotagreen neb · 1982 · cited in 1 Nebraska opinions naming this issue, 1983–1983 1 sentence 1983There was no further reference to the test.” 212 Neb. at 569, 324 N.W.2d at 396.	1	1
State v. Vrchotagreen neb · 1982 · cited in 1 Nebraska opinions naming this issue, 1983–1983 1 sentence 1983There was no further reference to the test.” 212 Neb. at 569, 324 N.W.2d at 396.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
State v. Lotter green neb · 2022 2 sentences 2025The Nebraska Postconviction Act requires a court to grant a prompt hearing on a motion for postconviction relief “[u]nless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief. . . .” State v. Lotter, 311 Neb. at 887 , 976 N.W.2d at 730 . 2025The Nebraska Postconviction Act requires a court to grant a prompt hearing on a motion for postconviction relief “[u]nless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief. . . .” State v. Lotter, 311 Neb. at 887 , 976 N.W.2d at 730 .	2	2022–2025
State v. Combs green neb · 2021 2 sentences 2022Stat. §§ 29-3001 to 29-3004 (Reissue 2016). 19 State v. Combs, 308 Neb. 587 , 955 N.W.2d 322 (2021). 20 § 29-3001(1). - 887 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. LOTTER Cite as 311 Neb. 878 denial or violation of his or her rights under the U.S. or Nebraska Constitution, causing the judgment against the defendant to be void or voidable. 21 [6] The Nebraska Postconviction Act requires a court to grant a prompt hearing on a motion for postconviction relief “[u]nless the motion and the files and records of the case show to the satisfaction of the court that the pr 2022Stat. §§ 29-3001 to 29-3004 (Reissue 2016). 19 State v. Combs, 308 Neb. 587 , 955 N.W.2d 322 (2021). 20 § 29-3001(1). - 887 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. LOTTER Cite as 311 Neb. 878 denial or violation of his or her rights under the U.S. or Nebraska Constitution, causing the judgment against the defendant to be void or voidable. 21 [6] The Nebraska Postconviction Act requires a court to grant a prompt hearing on a motion for postconviction relief “[u]nless the motion and the files and records of the case show to the satisfaction of the court that the pr	1	2022–2022
State v. Anthony green nebctapp · 2021 1 sentence 2021In State v. Jim, supra, the Nebraska Supreme Court interpreted this statutory language to require a court to grant an evidentiary hearing on a motion for postconviction - 848 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports STATE v. ANTHONY Cite as 29 Neb.	1	2021–2021
State v. Harris green neb · 2004 2 sentences 2021Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the county attorney [and] grant a prompt hearing thereon . . . . 6 In a postconviction proceeding, an evidentiary hearing is not required when (1) the motion does not contain factual alle- gations which, if proved, constitute an infringement of the movant’s constitutional rights, rendering the judgment void or voidable; (2) the motion alleges only conclusions of fact or law without supporting facts; 7 or ( 2021Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the county attorney [and] grant a prompt hearing thereon . . . . 6 In a postconviction proceeding, an evidentiary hearing is not required when (1) the motion does not contain factual alle- gations which, if proved, constitute an infringement of the movant’s constitutional rights, rendering the judgment void or voidable; (2) the motion alleges only conclusions of fact or law without supporting facts; 7 or (	1	2021–2021
State v. Haynes green neb · 2018 1 sentence 2018App. 362 , 593 N.W.2d 750 (1999). - 261 - Nebraska Supreme Court A dvance Sheets 299 Nebraska R eports STATE v. HAYNES Cite as 299 Neb. 249 information, or complaint; ineffective assistance of counsel; and lack of jurisdiction.”14 [9] On appeal from the denial of postconviction relief with- out an evidentiary hearing, the question is not whether the movant was entitled to relief by having made the requisite showing.15 Instead, we must determine whether the allega- tions were sufficient to grant an evidentiary hearing.16 Section 29-3001(2) states: Unless the motion and the files and records of	1	2018–2018
State v. Wiemer green nebctapp · 1995 1 sentence 2018See, also, State v. Russell, 239 Neb. 979 , 479 N.W.2d 798 (1992); State v. Wiemer, 3 Neb.	1	2018–2018
State v. Dreimanis green nebctapp · 1999 1 sentence 2018App. 362 , 593 N.W.2d 750 (1999). - 261 - Nebraska Supreme Court A dvance Sheets 299 Nebraska R eports STATE v. HAYNES Cite as 299 Neb. 249 information, or complaint; ineffective assistance of counsel; and lack of jurisdiction.”14 [9] On appeal from the denial of postconviction relief with- out an evidentiary hearing, the question is not whether the movant was entitled to relief by having made the requisite showing.15 Instead, we must determine whether the allega- tions were sufficient to grant an evidentiary hearing.16 Section 29-3001(2) states: Unless the motion and the files and records of	1	2018–2018
State v. Williams green neb · 2017 1 sentence 2017The State contends that it did not, as all of Williams’ claims were procedurally barred. [8,9] As noted above, if the motion alleges only conclusions of fact or law, or the records and files in the case affirmatively show that the movant is entitled to no relief, no evidentiary 12 State v. Jim, supra note 9 . 13 Id. - 588 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports STATE v. WILLIAMS Cite as 295 Neb. 575 hearing is required.14 A motion for postconviction relief assert- ing ineffective assistance of trial counsel is procedurally barred when (1) the defendant was represented by	1	2017–2017
State v. Robertson green neb · 2016 1 sentence 2016Robertson’s argument is based on a misreading of the lan- guage of § 29-3001(2), which provides: Unless the [postconviction] motion and the files and records of the case show . . . that the prisoner is entitled to no relief, the court shall cause notice [of the motion] to 16 State v. Thorpe, 290 Neb. 149 , 858 N.W.2d 880 (2015). 17 State v. Crawford, 291 Neb. 362 , 865 N.W.2d 360 (2015). - 39 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. ROBERTSON Cite as 294 Neb. 29 be served on the county attorney, grant a prompt hearing thereon, and determine the issues and make fi	1	2016–2016
State v. Thorpe green neb · 2015 1 sentence 2016Robertson’s argument is based on a misreading of the lan- guage of § 29-3001(2), which provides: Unless the [postconviction] motion and the files and records of the case show . . . that the prisoner is entitled to no relief, the court shall cause notice [of the motion] to 16 State v. Thorpe, 290 Neb. 149 , 858 N.W.2d 880 (2015). 17 State v. Crawford, 291 Neb. 362 , 865 N.W.2d 360 (2015). - 39 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. ROBERTSON Cite as 294 Neb. 29 be served on the county attorney, grant a prompt hearing thereon, and determine the issues and make fi	1	2016–2016
State v. Crawford green neb · 2015 1 sentence 2016Robertson’s argument is based on a misreading of the lan- guage of § 29-3001(2), which provides: Unless the [postconviction] motion and the files and records of the case show . . . that the prisoner is entitled to no relief, the court shall cause notice [of the motion] to 16 State v. Thorpe, 290 Neb. 149 , 858 N.W.2d 880 (2015). 17 State v. Crawford, 291 Neb. 362 , 865 N.W.2d 360 (2015). - 39 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. ROBERTSON Cite as 294 Neb. 29 be served on the county attorney, grant a prompt hearing thereon, and determine the issues and make fi	1	2016–2016
State v. Costanzo green neb · 1990 2 sentences 1997(Emphasis supplied.) In State v. Costanzo, 235 Neb. 126 , 454 N.W.2d 283 (1990), the Nebraska Supreme Court held that this statute requires that a trial court must make findings of fact and conclusions of law when a postconviction evidentiary hearing is granted. 1997(Emphasis supplied.) In State v. Costanzo, 235 Neb. 126 , 454 N.W.2d 283 (1990), the Nebraska Supreme Court held that this statute requires that a trial court must make findings of fact and conclusions of law when a postconviction evidentiary hearing is granted.	1	1997–1997
State v. Meredith green neb · 1982 2 sentences 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982). 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982).	1	1992–1992
State v. Schaeffer green neb · 1984 2 sentences 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982). 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982).	1	1992–1992
State v. Sowell green neb · 1988 1 sentence 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 *693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982).	1	1992–1992
State v. Luna green neb · 1989 2 sentences 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982). 1992Stat. § 29-3001 (Reissue 1989) sets forth, inter alia, “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall... grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” Accord, State v. Luna, 230 Neb. 966 , 434 N.W.2d 526 (1989); State v. Sowell, 227 Neb. 865 , 420 693 N.W.2d 704 (1988); State v. Schaeffer, 218 Neb. 786 , 359 N.W.2d 106 (1984); State v. Meredith, 212 Neb. 109 , 321 N.W.2d 456 (1982).	1	1992–1992
Morrissey v. Brewer green scotus · 1972 2 sentences 1979Piercy also alleged a violation of the prompt hearing requirements of Morrissey v. Brewer, 408 U. S. 471 , 92 S. Ct. 2593 , 33 L. 1979Piercy also alleged a violation of the prompt hearing requirements of Morrissey v. Brewer, 408 U. S. 471 , 92 S. Ct. 2593 , 33 L.	1	1979–1979

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 29-3001 (10) NE § Neb. Rev. Stat. § 28-105 (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 563 (1919–2026) OH 96 (1966–2026) NY 91 (1918–2024) CT 46 (1971–2026) IL 39 (1974–2025) PA 25 (1962–2025) FL 25 (1963–2012) CA 20 (1927–2022) AZ 17 (1973–2023) MD 17 (1961–2013) DC 16 (1974–2020) MO 15 (1940–2023) AL 14 (1978–2025) NE 12 (1979–2025) CO 11 (1965–2026) NJ 11 (1955–2026) WA 8 (1932–2022) TN 8 (1969–2026) MA 7 (1980–2014) WY 7 (1976–2022) GA 7 (1956–2019) LA 7 (1932–1999) WI 7 (1986–2024) KY 6 (2014–2024) IN 6 (1937–2018) NM 6 (1945–2010) MT 5 (1975–2007) MI 5 (1969–1982) VT 5 (1985–2014) MN 5 (1941–2019) RI 4 (1977–2014) KS 4 (1992–2024) DE 4 (1982–2022) WV 4 (1978–2018) ID 3 (1967–2004) NC 3 (1974–1984) AK 3 (1969–1979) SD 3 (1973–2016) UT 3 (1993–2022) OR 2 (2006–2008) MS 2 (2014–2020) VA 2 (1973–1986) AR 2 (1988–1988) ND 2 (1983–2008) IA 2 (1967–1973)

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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