prisoner to an evidentiary hearing in Nebraska

10 Nebraska opinions name it 2 courts 2016–2024 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 (2)

Case	Followed	Cited
State v. Stricklingreen neb · 2018 · cited in 2 Nebraska opinions naming this issue, 2018–2022 2 sentences 2022See State v. Stricklin, 300 Neb. 794 , 916 N.W.2d 413 (2018). 2018As we noted in our resolution of Newman’s appeal, the threshold showing that must be made to entitle a prisoner to an evidentiary hearing on a postconviction claim of actual innocence is extraordinarily high, because after a fair trial and conviction, the presumption of innocence vanishes.61 61 Newman, supra note 36, citing State v. Dubray, 294 Neb. 937 , 885 N.W.2d 540 (2016). - 824 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE v. STRICKLIN Cite as 300 Neb. 794 Stricklin’s allegations, like those made by Newman, largely attack the weight of the evidence used against him	1	2
State v. Harrisgreen neb · 2007 · cited in 1 Nebraska opinions naming this issue, 2016–2016 2 sentences 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive	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 (8)

Case	Cited	Years
State v. Dubray green neb · 2016 2 sentences 2023The threshold to entitle a prisoner to an evidentiary hearing on such a postconviction claim is ‘“extraordinarily high.”’ Such a petitioner must make a strong demonstration of actual innocence because after a fair trial and conviction, the presumption of innocence vanishes.” State v. Newman, 300 Neb. at 793 , 916 N.W.2d at 413 (quoting State v. Dubray, 294 Neb. 937 , 885 N.W.2d 540 (2016)). 2023The threshold to entitle a prisoner to an evidentiary hearing on such a postconviction claim is ‘“extraordinarily high.”’ Such a petitioner must make a strong demonstration of actual innocence because after a fair trial and conviction, the presumption of innocence vanishes.” State v. Newman, 300 Neb. at 793 , 916 N.W.2d at 413 (quoting State v. Dubray, 294 Neb. 937 , 885 N.W.2d 540 (2016)).	6	2016–2023
State v. Newman green neb · 2018 2 sentences 2023The threshold to entitle a prisoner to an evidentiary hearing on such a postconviction claim is ‘“extraordinarily high.”’ Such a petitioner must make a strong demonstration of actual innocence because after a fair trial and conviction, the presumption of innocence vanishes.” State v. Newman, 300 Neb. at 793 , 916 N.W.2d at 413 (quoting State v. Dubray, 294 Neb. 937 , 885 N.W.2d 540 (2016)). 2023The threshold to entitle a prisoner to an evidentiary hearing on such a postconviction claim is ‘“extraordinarily high.”’ Such a petitioner must make a strong demonstration of actual innocence because after a fair trial and conviction, the presumption of innocence vanishes.” State v. Newman, 300 Neb. at 793 , 916 N.W.2d at 413 (quoting State v. Dubray, 294 Neb. 937 , 885 N.W.2d 540 (2016)).	3	2018–2023
State v. Cox green neb · 2023 1 sentence 2024Id.	1	2024–2024
State v. Haynes green neb · 2018 1 sentence 2018This category of relief is “very narrow.”5 [4] Section 29-3001(2) entitles a prisoner to an evidentiary hearing on a claim for postconviction relief, 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.” In order to be entitled to an evidentiary hearing, a prisoner must allege facts in the motion for postconviction relief that, if proved, would constitute a violation of his or her rights under the U.S. or Nebraska Constitution.6 A prisoner is not entitled to an evidentiary hearing on the basis of claims that	1	2018–2018
State v. Tyler green neb · 2018 1 sentence 2018This category of relief is “very narrow.”5 [4] Section 29-3001(2) entitles a prisoner to an evidentiary hearing on a claim for postconviction relief, 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.” In order to be entitled to an evidentiary hearing, a prisoner must allege facts in the motion for postconviction relief that, if proved, would constitute a violation of his or her rights under the U.S. or Nebraska Constitution.6 A prisoner is not entitled to an evidentiary hearing on the basis of claims that	1	2018–2018
State v. Torres green neb · 2017 2 sentences 2018This category of relief is “very narrow.”5 [4] Section 29-3001(2) entitles a prisoner to an evidentiary hearing on a claim for postconviction relief, 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.” In order to be entitled to an evidentiary hearing, a prisoner must allege facts in the motion for postconviction relief that, if proved, would constitute a violation of his or her rights under the U.S. or Nebraska Constitution.6 A prisoner is not entitled to an evidentiary hearing on the basis of claims that 2018This category of relief is “very narrow.”5 [4] Section 29-3001(2) entitles a prisoner to an evidentiary hearing on a claim for postconviction relief, 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.” In order to be entitled to an evidentiary hearing, a prisoner must allege facts in the motion for postconviction relief that, if proved, would constitute a violation of his or her rights under the U.S. or Nebraska Constitution.6 A prisoner is not entitled to an evidentiary hearing on the basis of claims that	1	2018–2018
State v. Phelps green neb · 2013 2 sentences 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive	1	2016–2016
State v. Abdulkadir green neb · 2016 2 sentences 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive 2016Supp. 2014). 10 § 29-3001(1). 11 State v. Harris, 274 Neb. 40, 45 , 735 N.W.2d 774, 779 (2007). 12 See State v. Phelps, 286 Neb. 89 , 834 N.W.2d 786 (2013). 13 See, State v. Abdulkadir, 293 Neb. 560 , 878 N.W.2d 390 (2016); State v. Banks, 289 Neb. 600 , 856 N.W.2d 305 (2014). 14 See State v. Phelps, supra note 12 . - 948 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. DUBRAY Cite as 294 Neb. 937 innocence is that the State’s continued incarceration of such a petitioner without an opportunity to present newly discovered evidence is a denial of procedural or substantive	1	2016–2016

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 29-3001 (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

NE 10 (2016–2024) MO 2 (1989–1991)

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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