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11 Nebraska opinions name it 2 courts 1950–2026 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.
| Case | Followed | Cited |
|---|---|---|
State v. Urbanogreen2 sentences2023We have explained that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 33 Thus, in State v. Marshall, 34 an instruction on self-defense was properly denied when the defendant had voluntarily put himself in a posi- tion of danger by going outside of his home to confront two men and there was no evidence that anything prevented him 31 State v. Case, supra note 4 . 32 See State v. Eagle Thunder, 201 Neb. 206 , 266 N.W.2d 755 (1978). 33 State v. Urbano, 256 Neb. 194, 201 , 589 N.W 2023We have explained that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 33 Thus, in State v. Marshall, 34 an instruction on self-defense was properly denied when the defendant had voluntarily put himself in a posi- tion of danger by going outside of his home to confront two men and there was no evidence that anything prevented him 31 State v. Case, supra note 4 . 32 See State v. Eagle Thunder, 201 Neb. 206 , 266 N.W.2d 755 (1978). 33 State v. Urbano, 256 Neb. 194, 201 , 589 N.W | 1 | 4 |
State v. Marshallgreen2 sentences2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not 2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not | 1 | 3 |
State v. Valadezgreen2 sentences2026But as we explain next, these factual disputes ulti- mately make no difference to determining whether Liech was entitled to a self-defense instruction, because the undisputed evidence established a more fundamental reason why Liech cannot assert a cognizable claim of self-defense. [16] Nebraska has long recognized the rule that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 25 We have applied 22 State v. Valadez, 313 Neb. 902, 905 , 987 N.W.2d 268, 270-71 (2023). 2026But as we explain next, these factual disputes ulti- mately make no difference to determining whether Liech was entitled to a self-defense instruction, because the undisputed evidence established a more fundamental reason why Liech cannot assert a cognizable claim of self-defense. [16] Nebraska has long recognized the rule that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 25 We have applied 22 State v. Valadez, 313 Neb. 902, 905 , 987 N.W.2d 268, 270-71 (2023). | 1 | 1 |
State v. Logangreen2 sentences2025LOGAN Cite as 320 Neb. 554 19. 2025LOGAN Cite as 320 Neb. 554 that he abstain from any action which he has no duty to take . . . . 17 [15-18] A trial court is required to give a self-defense instruction where there is any evidence in support of a legally cognizable theory of self-defense. 18 Only where the jury could reasonably find that the defendant’s use of force was justified should the trial court instruct the jury on self-defense. 19 To instruct on self-defense, it is not enough that the defendant sub- jectively believed in the need to use force for self-protection; the defendant must produce evidence that this subjective | 1 | 1 |
State v. Kinsergreen2 sentences2017See State v. Urbano, supra. For example, in State v. Kinser, 252 Neb. 600 , 567 N.W.2d 287 (1997), a bar patron accused the defendant of striking him while they drank together at a local bar. 2017See State v. Urbano, supra. For example, in State v. Kinser, 252 Neb. 600 , 567 N.W.2d 287 (1997), a bar patron accused the defendant of striking him while they drank together at a local bar. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Eagle Thunder
green
2 sentences2023We have explained that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 33 Thus, in State v. Marshall, 34 an instruction on self-defense was properly denied when the defendant had voluntarily put himself in a posi- tion of danger by going outside of his home to confront two men and there was no evidence that anything prevented him 31 State v. Case, supra note 4 . 32 See State v. Eagle Thunder, 201 Neb. 206 , 266 N.W.2d 755 (1978). 33 State v. Urbano, 256 Neb. 194, 201 , 589 N.W 2023We have explained that “[i]f a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 33 Thus, in State v. Marshall, 34 an instruction on self-defense was properly denied when the defendant had voluntarily put himself in a posi- tion of danger by going outside of his home to confront two men and there was no evidence that anything prevented him 31 State v. Case, supra note 4 . 32 See State v. Eagle Thunder, 201 Neb. 206 , 266 N.W.2d 755 (1978). 33 State v. Urbano, 256 Neb. 194, 201 , 589 N.W | 2 | 2023–2026 |
State v. Case
green
2 sentences2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not 2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not | 2 | 2020–2020 |
State v. Graham
green
2 sentences2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not 2020State v. Urbano, 256 Neb. 194 , 589 N.W.2d 144 (1999); State v. Marshall, 253 Neb. 676 , 573 N.W.2d 406 (1998); State v. Kinser, supra; State v. Graham, 201 Neb. 659 , 271 N.W.2d 456 (1978). - 844 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v. CASE Cite as 304 Neb. 829 [8] Extrapolating from the requirement that the force used must be “justified under the circumstances,” in a case involv- ing a conviction for assault by a confined person, we stated, “If a defendant has unjustifiably placed himself or herself in harm’s way, a court may properly find that such facts do not | 2 | 2020–2020 |
State v. Liech
green
1 sentence2026LIECH Cite as 320 Neb. 843 Urbano recited the rule that “[i]f a defendant has unjusti- fiably placed himself or herself in harm’s way, a court may properly find that such facts do not support a lawful claim of self-defense.” 31 We agreed with the trial court’s conclusion that the evidence at trial did not show the forced cell move was unlawful, but we also emphasized the undisputed evi- dence showing that the forced cell move “was initiated only after [the inmate] refused to take medication which he knew was court ordered” 32 and was necessitated only because the inmate continued to physically | 1 | 2026–2026 |
Edwards v. Estate of Clark
green
1 sentence2022ESTATE OF CLARK Cite as 313 Neb. 94 one person in the place of another with reference to a lawful claim, demand, or right, so that the one who is substituted suc- ceeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities. 12 All three remedies are alike, however, in requiring a party seeking recovery to show it has discharged the liability or paid the debt of the party from which it seeks to recover, as we explain below. | 1 | 2022–2022 |
Blue Cross & Blue Shield of Nebraska, Inc. v. Dailey
green
2 sentences2008Blue Cross and Blue Shield v. Dailey, 268 Neb. 733 , 687 N.W.2d 689 (2004). 2008Blue Cross and Blue Shield v. Dailey, 268 Neb. 733 , 687 N.W.2d 689 (2004). | 1 | 2008–2008 |
Jensen v. Board of Regents of the University of Nebraska
green
2 sentences2004Jensen v. Board of Regents, 268 Neb. 512 , 684 N.W.2d 537 (2004). 2004Jensen v. Board of Regents, ante p. 512, 684 N.W.2d 537 (2004). | 1 | 2004–2004 |
Seymour v. Standard Live Stock Commission Co.
neutral
1 sentence1951The court said: “This is undoubtedly good law so far *102 as any claim of the mortgagee against the chattels is concerned, as was distinctly held in Seymour v. Standard Live Stock Commission Co., 110 Neb. 185 , but there is no such question here — the mortgagor had the right to sell and title passed to the purchaser — the present dispute concerns only the proceeds of the sale.” The court held: “When a sale by the mortgagor of mortgaged chattels is made with the consent of the mortgagee, the former agreeing to apply the proceeds upon the mortgage debt, the mortgagor becomes the agent of the mor | 1 | 1951–1951 |
Sellers v. State
green
2 sentences1950Sellers v. State, 105 Neb. 748 , 181 N. W. 862 ; Moyer v. State, 144 Neb. 673 , 14 N. W. 2d 220 . 1950Sellers v. State, 105 Neb. 748 , 181 N. W. 862 ; Moyer v. State, 144 Neb. 673 , 14 N. W. 2d 220 . | 1 | 1950–1950 |
Moyer v. State
green
2 sentences1950Sellers v. State, 105 Neb. 748 , 181 N. W. 862 ; Moyer v. State, 144 Neb. 673 , 14 N. W. 2d 220 . 1950Sellers v. State, 105 Neb. 748 , 181 N. W. 862 ; Moyer v. State, 144 Neb. 673 , 14 N. W. 2d 220 . | 1 | 1950–1950 |
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.