9 Nebraska opinions name it 2 courts 1999–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Hernandezgreen2 sentences2020Whether a knowing and voluntary waiver has been made is determined by looking to the totality of the circumstances State v. Hernandez, 299 Neb. 896, 918 , 911 N.W.2d 524, 543 (2018). 2020Whether a knowing and voluntary waiver has been made is determined by looking to the totality of the circumstances State v. Hernandez, 299 Neb. 896, 918 , 911 N.W.2d 524, 543 (2018). | 1 | 3 |
State v. Bensongreen2 sentences2020Whether a knowing and voluntary waiver of Miranda rights has been made is determined by looking to the totality of the circumstances. - 951 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v. BENSON Cite as 305 Neb. 949 15. 2020The court found Benson’s September 20, 2017, state- ments to Negrete were admissible because Benson was not in custody when Negrete was taking his report and, as such, Benson was not required to make a knowing and voluntary waiver of his Miranda rights before he could be questioned. - 957 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v. BENSON Cite as 305 Neb. 949 The court also found Benson’s September 23 statements to Davis were admissible because Davis informed Benson of his Miranda rights, Benson waived his rights and agreed to talk to Davis, and there is no requiremen | 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. Price
green
1 sentence2025PRICE Cite as 320 Neb. 1 abandon them. 38 A waiver of Miranda rights is voluntary if it is the product of a free and deliberate choice, rather than intimidation, coercion, or deception. 39 [26-28] Whether a knowing and voluntary waiver of Miranda rights has been made is determined by looking to the totality of the circumstances. 40 A waiver of Miranda rights need not be express and can instead be implied. 41 The main purpose of Miranda is to ensure that an accused is advised of and understands the right to remain silent and the right to counsel. 42 Price asserts the Bellevue officers violated | 1 | 2025–2025 |
State v. Sutton
green
1 sentence2025SUTTON Cite as 319 Neb. 581 the nature of the right being abandoned and the consequences of the decision to abandon it.” 46 A waiver is voluntary if it is the product of a free and deliberate choice rather than through intimidation, coercion, or deception. 47 [25] Whether a knowing and voluntary waiver has been made is determined by looking to the totality of the circum- stances. 48 Factors to consider include the tactics used by the police, the details of the interrogation, and any characteristics of the accused that might cause his or her will to be easily overborne. 49 These characteristics | 1 | 2025–2025 |
James Arnold Smith v. Jack R. Duckworth and Indiana Attorney General
green
1 sentence2023Smith v. Duckworth, 856 F.2d 909 (7th Cir. 1988). | 1 | 2023–2023 |
State v. Burries
green
2 sentences2020Benson’s September 23, 2017, Statements Benson assigns the district court should have suppressed his statements to Davis on September 23, 2017, because he did not knowingly and voluntarily waive his Miranda rights. [13,14] To be a valid waiver of Miranda rights, a waiver must be knowingly and voluntarily made. 17 A waiver is know- ing if it is made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. 18 A waiver is voluntary if it is the product of a free and deliberate choice rather than through intimidation, coer- cion, or 2020Benson’s September 23, 2017, Statements Benson assigns the district court should have suppressed his statements to Davis on September 23, 2017, because he did not knowingly and voluntarily waive his Miranda rights. [13,14] To be a valid waiver of Miranda rights, a waiver must be knowingly and voluntarily made. 17 A waiver is know- ing if it is made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. 18 A waiver is voluntary if it is the product of a free and deliberate choice rather than through intimidation, coer- cion, or | 1 | 2020–2020 |
State v. Lamberson
green
1 sentence2020In State v. Lamberson, 26 Neb. | 1 | 2020–2020 |
Cubbage v. State
green
2 sentences2015Because of such concerns, the court concluded that “the bet- ter rule is to hold the defendant to the knowing and voluntary waiver which he made” and that “[o]nce the appellate court confirms that the waiver is indeed knowing and voluntary, the appeal going to the merits of the judgment of conviction should be dismissed.” Id. at 250 , 498 A.2d at 639 . 2015Because of such concerns, the court concluded that “the bet- ter rule is to hold the defendant to the knowing and voluntary waiver which he made” and that “[o]nce the appellate court confirms that the waiver is indeed knowing and voluntary, the appeal going to the merits of the judgment of conviction should be dismissed.” Id. at 250 , 498 A.2d at 639 . | 1 | 2015–2015 |
State v. Jackson
neutral
2 sentences2001Therefore, as was done in State v. Jackson, 192 Neb. 39 , 218 N.W.2d 430 (1974), and State v. Zobel, 192 Neb. 480 , 222 N.W.2d 570 (1974), we vacate the sentence and remand the cause to the district court for Dodge County with directions to have a presentence investigation completed and to resentence Kellogg on the burglary conviction. 2001Therefore, as was done in State v. Jackson, 192 Neb. 39 , 218 N.W.2d 430 (1974), and State v. Zobel, 192 Neb. 480 , 222 N.W.2d 570 (1974), we vacate the sentence and remand the cause to the district court for Dodge County with directions to have a presentence investigation completed and to resentence Kellogg on the burglary conviction. | 1 | 2001–2001 |
State v. Zobel
green
2 sentences2001Therefore, as was done in State v. Jackson, 192 Neb. 39 , 218 N.W.2d 430 (1974), and State v. Zobel, 192 Neb. 480 , 222 N.W.2d 570 (1974), we vacate the sentence and remand the cause to the district court for Dodge County with directions to have a presentence investigation completed and to resentence Kellogg on the burglary conviction. 2001Therefore, as was done in State v. Jackson, 192 Neb. 39 , 218 N.W.2d 430 (1974), and State v. Zobel, 192 Neb. 480 , 222 N.W.2d 570 (1974), we vacate the sentence and remand the cause to the district court for Dodge County with directions to have a presentence investigation completed and to resentence Kellogg on the burglary conviction. | 1 | 2001–2001 |
State v. Burlison
green
2 sentences1999State v. Dean, 246 Neb. 869 , 523 N.W.2d 681 (1994), overruled on other grounds, State v. Burlison, 255 Neb. 190 , 583 N.W.2d 31 (1998). 1999State v. Dean, 246 Neb. 869 , 523 N.W.2d 681 (1994), overruled on other grounds, State v. Burlison, 255 Neb. 190 , 583 N.W.2d 31 (1998). | 1 | 1999–1999 |
State v. Dean
green
2 sentences1999State v. Dean, 246 Neb. 869 , 523 N.W.2d 681 (1994), overruled on other grounds, State v. Burlison, 255 Neb. 190 , 583 N.W.2d 31 (1998). 1999State v. Dean, 246 Neb. 869 , 523 N.W.2d 681 (1994), overruled on other grounds, State v. Burlison, 255 Neb. 190 , 583 N.W.2d 31 (1998). | 1 | 1999–1999 |
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.