consideration factors (Nebraska) · Go Syfert
← Nebraska issues

consideration factors in Nebraska

9 Nebraska opinions name it 2 courts 1906–2025 2 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)

CaseFollowedCited
State v. Russellgreen
neb · 2015 · cited in 1 Nebraska opinions naming this issue, 2024–2024
1 sentence

2024See, also, State v. Russell, 291 Neb. 33 , 863 N.W.2d 813 (2015) (range of penalties for first degree sexual assault of a child, first offense, under § 28-319.01(2), is 15 years to life imprisonment). [19-21] Having determined that the sentences imposed by the court were within the applicable statutory sentencing ranges, we proceed to consider Monterroso’s argument chal- lenging the district court’s consideration of factors supporting his sentences.

11
Lee v. City Of Los Angelesgreen
ca9 · 2001 · cited in 1 Nebraska opinions naming this issue, 2006–2006
1 sentence

2006Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001); Neb.

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 (10)

CaseCitedYears
Noland v. Yost green
neb · 2023
2 sentences

2025Noland v. Yost, 315 Neb. 568 , 998 N.W.2d 57 (2023).

2025Noland v. Yost, 315 Neb. 568 , 998 N.W.2d 57 (2023).

12025–2025
Roberts v. Van Buren Public Schools green
ca8 · 1985
1 sentence

2005Roberts v. Van Buren Public Schools, 773 F.2d 949 (8th Cir. 1985).

12005–2005
United States v. Dost green
casd · 1986
2 sentences

1993A determination of whether defendant took the pictures for the purpose of real or simulated overt sexual gratification or sexual stimulation should include a consideration of the factors enunciated in United States v. Dost, 636 F. Supp. 828 (1986), and approved in U.S. v. Wiegand, supra, and U.S. v. Villard, supra. Dost set forth a number of factors to consider in determining whether there had been a depiction of lascivious exhibitions under the federal child pornography law, which factors are 1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; 2) whet

1993A determination of whether defendant took the pictures for the purpose of real or simulated overt sexual gratification or sexual stimulation should include a consideration of the factors enunciated in United States v. Dost, 636 F. Supp. 828 (1986), and approved in U.S. v. Wiegand, supra, and U.S. v. Villard, supra. Dost set forth a number of factors to consider in determining whether there had been a depiction of lascivious exhibitions under the federal child pornography law, which factors are 1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; 2) whet

11993–1993
United States v. Edwin E. Wiegand green
ca9 · 1987
1 sentence

1993A determination of whether defendant took the pictures for the purpose of real or simulated overt sexual gratification or sexual stimulation should include a consideration of the factors enunciated in United States v. Dost, 636 F. Supp. 828 (1986), and approved in U.S. v. Wiegand, supra, and U.S. v. Villard, supra. Dost set forth a number of factors to consider in determining whether there had been a depiction of lascivious exhibitions under the federal child pornography law, which factors are 1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; 2) whet

11993–1993
United States v. Robert David Villard green
· 1989
1 sentence

1993A determination of whether defendant took the pictures for the purpose of real or simulated overt sexual gratification or sexual stimulation should include a consideration of the factors enunciated in United States v. Dost, 636 F. Supp. 828 (1986), and approved in U.S. v. Wiegand, supra, and U.S. v. Villard, supra. Dost set forth a number of factors to consider in determining whether there had been a depiction of lascivious exhibitions under the federal child pornography law, which factors are 1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; 2) whet

11993–1993
State v. Richter green
neb · 1985
2 sentences

1987Other courts, however, require a consideration of factors such as the seriousness of the offense; the defendant’s income; the availability to the defendant of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. 221 Neb. at 491-93 , 378 N.W.2d at 179-80 .

1987Other courts, however, require a consideration of factors such as the seriousness of the offense; the defendant’s income; the availability to the defendant of other resources, including real and personal property, bank accounts, Social Security, and unemployment or other benefits; normal living expenses; outstanding debts; and the number and age of dependents. 221 Neb. at 491-93 , 378 N.W.2d at 179-80 .

11987–1987
Pittman v. Pittman green
neb · 1984
2 sentences

1984Pittman v. Pittman, 216 Neb. 746 , 345 N.W.2d 332 (1984); Pfeiffer v. Pfeiffer, 203 Neb. 137 , 277 N.W.2d 575 (1979).

1984Pittman v. Pittman, 216 Neb. 746 , 345 N.W.2d 332 (1984); Pfeiffer v. Pfeiffer, 203 Neb. 137 , 277 N.W.2d 575 (1979).

11984–1984
Pfeiffer v. Pfeiffer green
neb · 1979
2 sentences

1984Pittman v. Pittman, 216 Neb. 746 , 345 N.W.2d 332 (1984); Pfeiffer v. Pfeiffer, 203 Neb. 137 , 277 N.W.2d 575 (1979).

1984Pittman v. Pittman, 216 Neb. 746 , 345 N.W.2d 332 (1984); Pfeiffer v. Pfeiffer, 203 Neb. 137 , 277 N.W.2d 575 (1979).

11984–1984
Zendman v. Harry Winston, Inc. neutral
nysupct · 1949
1 sentence

1966Of interest in this connection is the case of Zendman v. Harry Winston, Inc., 196 Misc. 924 , 94 N. Y.

11966–1966
Prideaux v. City of Mineral Point neutral
· 1878
1 sentence

1906Prideaux v. City of Mineral Point, 43 Wis. 513 , was followed without a discussion of the numerous authorities in conflict therewith.

11906–1906

Where else courts name it

CA 119 (1856–2026) NY 105 (1843–2025) IL 104 (1883–2026) CT 74 (1941–2026) OH 68 (1903–2026) AL 67 (1855–2015) PA 65 (1923–2026) TX 64 (1884–2025) IN 45 (1857–2026) MI 42 (1908–2023) MO 37 (1876–2024) TN 35 (1986–2022) OR 34 (1888–2026) FL 32 (1879–2021) NJ 32 (1951–2022) VA 31 (1919–2026) GA 30 (1898–2021) NC 29 (1883–2021) WA 28 (1895–2025) KY 28 (1858–2026) LA 24 (1937–2024) MA 24 (1860–2023) MD 23 (1909–2016) AR 20 (1909–2026) CO 20 (1890–2025) WI 19 (1892–2022) MN 18 (1887–2018) SC 16 (1941–2022) ID 16 (1932–2019) UT 14 (1901–2025) NM 13 (1939–2021) WV 13 (1904–2026) IA 12 (1876–2021) RI 12 (1971–2014) OK 12 (1919–2010) MS 10 (1909–2025) AZ 10 (1989–2023) DC 9 (1988–2008) MT 9 (1929–2020) NE 9 (1906–2025) KS 9 (1963–2022) WY 7 (1912–2025) ME 6 (1969–2023) DE 6 (1962–2018) VT 6 (1850–2023) AK 4 (1986–2020) NH 3 (1984–2013) HI 3 (1920–2013) NV 3 (2013–2022) ND 3 (1919–2001) SD 2 (1959–2019) PR 2 (1916–1954)

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.

← Caselaw search · G Cite Topics · Brief Check