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9 Nebraska opinions name it 1 courts 1892–2023 1 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. Quintanagreen2 sentences2023See State v. Quintana, 261 Neb. 38 , 621 N.W.2d 121 (2001), modified on denial of rehearing 261 Neb. 623 , 633 N.W.2d 890 . 2023See State v. Quintana, 261 Neb. 38 , 621 N.W.2d 121 (2001), modified on denial of rehearing 261 Neb. 623 , 633 N.W.2d 890 . | 1 | 1 |
State v. Quintanagreen2 sentences2023See State v. Quintana, 261 Neb. 38 , 621 N.W.2d 121 (2001), modified on denial of rehearing 261 Neb. 623 , 633 N.W.2d 890 . 2023See State v. Quintana, 261 Neb. 38 , 621 N.W.2d 121 (2001), modified on denial of rehearing 261 Neb. 623 , 633 N.W.2d 890 . | 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. Reeder
green
2 sentences1976State v. Reeder, 183 Neb. 425 , 160 N. W. 2d 753 ; Sherrick v. State, 157 *476 Neb. 623, 61 N. W. 2d 358 ; Clements v. State, 80 Neb. 313 , 114 N. W. 271 . 1976State v. Reeder, 183 Neb. 425 , 160 N. W. 2d 753 ; Sherrick v. State, 157 *476 Neb. 623, 61 N. W. 2d 358 ; Clements v. State, 80 Neb. 313 , 114 N. W. 271 . | 2 | 1976–1976 |
State v. Boss
green
2 sentences1977State v. Boss, 195 Neb. 467 , 238 N. W. 2d 639 (1976). 1977State v. Boss, 195 Neb. 467 , 238 N. W. 2d 639 (1976). | 1 | 1977–1977 |
Sherrick v. State
green
1 sentence1976State v. Reeder, 183 Neb. 425 , 160 N. W. 2d 753 ; Sherrick v. State, 157 *476 Neb. 623, 61 N. W. 2d 358 ; Clements v. State, 80 Neb. 313 , 114 N. W. 271 . | 1 | 1976–1976 |
Clements v. State
neutral
2 sentences1976State v. Reeder, 183 Neb. 425 , 160 N. W. 2d 753 ; Sherrick v. State, 157 *476 Neb. 623, 61 N. W. 2d 358 ; Clements v. State, 80 Neb. 313 , 114 N. W. 271 . 1976State v. Reeder, 183 Neb. 425 , 160 N. W. 2d 753 ; Sherrick v. State, 157 *476 Neb. 623, 61 N. W. 2d 358 ; Clements v. State, 80 Neb. 313 , 114 N. W. 271 . | 1 | 1976–1976 |
Owens v. State
neutral
2 sentences1968Owens v. State, 152 Neb. 841 , 43 N. W. 2d 168 . *429 Defendant, argues that the court did not instruct the; jury that an additional independent factor linking the defendant with the alcoholic beverages must be shown besides the presence with others who were in possession. 1968Owens v. State, 152 Neb. 841 , 43 N. W. 2d 168 . *429 Defendant, argues that the court did not instruct the; jury that an additional independent factor linking the defendant with the alcoholic beverages must be shown besides the presence with others who were in possession. | 1 | 1968–1968 |
Torske v. State
green
2 sentences1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. 1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. | 1 | 1957–1957 |
Reynolds v. State
neutral
2 sentences1957It is your duty to carefully consider all of the evidence in the case and the law as given to you by the court in arriving at what your verdict will be in this case." In Reynolds v. State, 27 Neb. 90 , 42 N.W. 903 , 20 Am.St.Rep. 659 , this court did condemn as prejudicial error the refusal to give an instruction containing substantially the same context as the first sentence of the foregoing quotation. 1957It is your duty to carefully consider all of the evidence in the case and the law as given to you by the court in arriving at what your verdict will be in this case." In Reynolds v. State, 27 Neb. 90 , 42 N.W. 903 , 20 Am.St.Rep. 659 , this court did condemn as prejudicial error the refusal to give an instruction containing substantially the same context as the first sentence of the foregoing quotation. | 1 | 1957–1957 |
Fager v. State
neutral
2 sentences1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. 1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. | 1 | 1957–1957 |
Schultz v. State
green
2 sentences1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. 1957The court said in Torske v. State, 123 Neb. 161 , 242 N. W. 408 : “Where the evidence is insufficient to support a finding of a lesser degree than that charged in the information, it is not error to refuse to give an instruction defining the lesser offense.” See, also, Fager v. State, 49 Neb. 439 , 68 N. W. 611 ; Schultz v. State, 89 Neb. 34 , 130 N. W. 972 , 33 L. | 1 | 1957–1957 |
Kavanaugh v. Brodball
green
2 sentences1951“The plaintiff in a replevin action must recover, if at all, upon the strength of his own title to the property involved and not upon the weakness of the defendant’s title to said property.” Kavanaugh v. Brodball, 40 Neb. 875 , 59 N. W. 517 . 1951“The plaintiff in a replevin action must recover, if at all, upon the strength of his own title to the property involved and not upon the weakness of the defendant’s title to said property.” Kavanaugh v. Brodball, 40 Neb. 875 , 59 N. W. 517 . | 1 | 1951–1951 |
Owens v. State
neutral
1 sentence1922Reynolds v. State, 196 Ala. 586 ; Plummer v. State, 111 Ga. 839 ; Owens v. State, 80 Miss. 499 ; State v. Dwire, 25 Mo. 553 . | 1 | 1922–1922 |
Plummer v. State
green
1 sentence1922Reynolds v. State, 196 Ala. 586 ; Plummer v. State, 111 Ga. 839 ; Owens v. State, 80 Miss. 499 ; State v. Dwire, 25 Mo. 553 . | 1 | 1922–1922 |
State v. Dwire
neutral
1 sentence1922Reynolds v. State, 196 Ala. 586 ; Plummer v. State, 111 Ga. 839 ; Owens v. State, 80 Miss. 499 ; State v. Dwire, 25 Mo. 553 . | 1 | 1922–1922 |
Reynolds v. State
neutral
1 sentence1922Reynolds v. State, 196 Ala. 586 ; Plummer v. State, 111 Ga. 839 ; Owens v. State, 80 Miss. 499 ; State v. Dwire, 25 Mo. 553 . | 1 | 1922–1922 |
Knox v. Williams
green
1 sentence1892(Knox v. Williams, 24 Neb., 630 .) Complaint is made of the refusal to give the following instruction: “If the jury find that a witness has deliberately sworn falsely as to any material fact in the case, it is the right of the jury to disregard all the statements of such witness, except such statements are corroborated by other good and respectable witnesses.” The refusal to give this instruction is, at most, error without prejudice. | 1 | 1892–1892 |
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.