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10 Nebraska opinions name it 2 courts 1999–2026 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. Thomasgreen2 sentences2019Fuentes further contends that trial counsel was ineffective for not seeking such recusal. [4-7] The right to an impartial judge is guaranteed under the Due Process Clauses of the U.S. and Nebraska Constitutions, the parameters of which are coextensive.5 In order to show a constitutional violation of the right to an impartial judge, a defendant must prove actual bias or structural error.6 Structural error occurs when the defendant shows that a judge has such a strong personal or financial interest in the outcome of the trial that he or she was unable to hold the proper balance between the State 2019Fuentes further contends that trial counsel was ineffective for not seeking such recusal. [4-7] The right to an impartial judge is guaranteed under the Due Process Clauses of the U.S. and Nebraska Constitutions, the parameters of which are coextensive.5 In order to show a constitutional violation of the right to an impartial judge, a defendant must prove actual bias or structural error.6 Structural error occurs when the defendant shows that a judge has such a strong personal or financial interest in the outcome of the trial that he or she was unable to hold the proper balance between the State | 1 | 3 |
Arizona v. Fulminantegreen2 sentences2023Structural error, on the other hand, “def[ies] analysis by ‘harmless-error’ standards” because it “affect[s] the framework within which the trial proceeds” and is not “simply an error in the trial process itself.” Id., 499 U.S. at 309, 310 . 2023Structural error, on the other hand, “def[ies] analysis by ‘harmless-error’ standards” because it “affect[s] the framework within which the trial proceeds” and is not “simply an error in the trial process itself.” Id., 499 U.S. at 309, 310 . | 1 | 2 |
Brecht v. Abrahamsongreen2 sentences2023See, also, Brecht v. Abrahamson, 507 U.S. 619, 630 , 113 S. Ct. 1710 , 123 L. 2023See, also, Brecht v. Abrahamson, 507 U.S. 619, 630 , 113 S. Ct. 1710 , 123 L. | 1 | 1 |
State v. Lottergreen2 sentences1999Similarly, in the supplemental opinion to State v. Lotter, we first considered the structural error standard by addressing the claim that the ex parte contact with the prosecutor showed that the judge “ ‘had such a strong personal or financial interest in the outcome of the trial that he was unable to hold the proper balance between the state and the accused.’ ” 255 Neb. 889, 892 , 587 N.W.2d 673, 675 (1999), quoting Dyas /. 1999Similarly, in the supplemental opinion to State v. Lotter, we first considered the structural error standard by addressing the claim that the ex parte contact with the prosecutor showed that the judge “ ‘had such a strong personal or financial interest in the outcome of the trial that he was unable to hold the proper balance between the state and the accused.’ ” 255 Neb. 889, 892 , 587 N.W.2d 673, 675 (1999), quoting Dyas /. | 1 | 1 |
Cotton v. Steelegreen1 sentence1999As we held in our supplemental opinion to State v. Lotter, a defendant must show that “an instance of actual bias on the part of the trial court” occurred in order to indicate a constitutional violation of the right to an impartial judge. 255 Neb. at 892, 587 N.W.2d at 675, citing Dyas III, supra. Applying the Lotter actual bias test, we determine the finding of Judge Moran that the May 9, 1986, meeting did not bias Judge Finn is not clearly erroneous. | 1 | 1 |
State v. Strohlgreen1 sentence1999As we held in our supplemental opinion to State v. Lotter, a defendant must show that “an instance of actual bias on the part of the trial court” occurred in order to indicate a constitutional violation of the right to an impartial judge. 255 Neb. at 892, 587 N.W.2d at 675, citing Dyas III, supra. Applying the Lotter actual bias test, we determine the finding of Judge Moran that the May 9, 1986, meeting did not bias Judge Finn is not clearly erroneous. | 1 | 1 |
Booth v. Marylandred1 sentence1999See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weaver v. Massachusetts
green
2 sentences2019Fuentes further contends that trial counsel was ineffective for not seeking such recusal. [4-7] The right to an impartial judge is guaranteed under the Due Process Clauses of the U.S. and Nebraska Constitutions, the parameters of which are coextensive.5 In order to show a constitutional violation of the right to an impartial judge, a defendant must prove actual bias or structural error.6 Structural error occurs when the defendant shows that a judge has such a strong personal or financial interest in the outcome of the trial that he or she was unable to hold the proper balance between the State 2019Fuentes further contends that trial counsel was ineffective for not seeking such recusal. [4-7] The right to an impartial judge is guaranteed under the Due Process Clauses of the U.S. and Nebraska Constitutions, the parameters of which are coextensive.5 In order to show a constitutional violation of the right to an impartial judge, a defendant must prove actual bias or structural error.6 Structural error occurs when the defendant shows that a judge has such a strong personal or financial interest in the outcome of the trial that he or she was unable to hold the proper balance between the State | 3 | 2019–2024 |
United States v. Davila
green
2 sentences2026Structural error is the term the U.S. Supreme Court has used to refer to “a very limited class of errors that trigger automatic reversal because they undermine the fairness of a criminal proceeding as a whole.” See United States v. Davila, 569 U.S. 597, 611 , 133 S. Ct. 2139 , 186 L. 2026Structural error is the term the U.S. Supreme Court has used to refer to “a very limited class of errors that trigger automatic reversal because they undermine the fairness of a criminal proceeding as a whole.” See United States v. Davila, 569 U.S. 597, 611 , 133 S. Ct. 2139 , 186 L. | 2 | 2023–2026 |
State v. Buttercase
green
2 sentences2019Ed. 2d 420 (2017). 9 State v. Buttercase, 296 Neb. 304 , 893 N.W.2d 430 (2017). 10 Id. at 314 , 893 N.W.2d at 438 . 11 Buttercase, supra note 9 . - 925 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. FUENTES Cite as 302 Neb. 919 Fuentes essentially acknowledges that this case does not include structural error. 2019Ed. 2d 420 (2017). 9 State v. Buttercase, 296 Neb. 304 , 893 N.W.2d 430 (2017). 10 Id. at 314 , 893 N.W.2d at 438 . 11 Buttercase, supra note 9 . - 925 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. FUENTES Cite as 302 Neb. 919 Fuentes essentially acknowledges that this case does not include structural error. | 2 | 2019–2019 |
State v. Fuentes
green
2 sentences2019Ed. 2d 420 (2017). 9 State v. Buttercase, 296 Neb. 304 , 893 N.W.2d 430 (2017). 10 Id. at 314 , 893 N.W.2d at 438 . 11 Buttercase, supra note 9 . - 925 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. FUENTES Cite as 302 Neb. 919 Fuentes essentially acknowledges that this case does not include structural error. 2019Ed. 2d 420 (2017). 9 State v. Buttercase, 296 Neb. 304 , 893 N.W.2d 430 (2017). 10 Id. at 314 , 893 N.W.2d at 438 . 11 Buttercase, supra note 9 . - 925 - Nebraska Supreme Court A dvance Sheets 302 Nebraska R eports STATE v. FUENTES Cite as 302 Neb. 919 Fuentes essentially acknowledges that this case does not include structural error. | 2 | 2019–2019 |
Uhrich & Brown Ltd. Part. v. Middle Republican NRD
green
1 sentence2023MIDDLE REPUBLICAN NRD Cite as 315 Neb. 596 on the part of the decisionmaker that is too high to be constitutionally tolerable, this amounts to structural error requiring reversal. 32. | 1 | 2023–2023 |
State v. Galindo
green
1 sentence2023GALINDO Cite as 315 Neb. 1 569 U.S. 597, 611 , 133 S. Ct. 2139 , 186 L. | 1 | 2023–2023 |
State v. Barranco
green
2 sentences2014See, State v. Abram, 284 Neb. 55 , 815 N.W.2d 897 (2012); State v. Barranco, 278 Neb. 165 , 769 N.W.2d 343 (2009). 2014See, State v. Abram, 284 Neb. 55 , 815 N.W.2d 897 (2012); State v. Barranco, 278 Neb. 165 , 769 N.W.2d 343 (2009). | 1 | 2014–2014 |
Tumey v. Ohio
green
2 sentences1999The court found that the facts of die case did not show that the judge was “unable to hold the proper balance *655 between the state and the accused.” Dyas I, 705 F.2d at 997 , citing Turney v. Ohio, 273 U.S. 510 , 47 S. Ct. 437 , 71 L. 1999The court found that the facts of die case did not show that the judge was “unable to hold the proper balance *655 between the state and the accused.” Dyas I, 705 F.2d at 997 , citing Turney v. Ohio, 273 U.S. 510 , 47 S. Ct. 437 , 71 L. | 1 | 1999–1999 |
Neder v. United States
green
2 sentences1999Id. 1999Id. (i) Structural Error In Dyas I, the Eighth Circuit declined to apply the structural error standard. | 1 | 1999–1999 |
Dyas v. Lockhart
green
1 sentence1999The court found that the facts of die case did not show that the judge was “unable to hold the proper balance *655 between the state and the accused.” Dyas I, 705 F.2d at 997 , citing Turney v. Ohio, 273 U.S. 510 , 47 S. Ct. 437 , 71 L. | 1 | 1999–1999 |
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.