useful standard (Nebraska) · Go Syfert
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useful standard in Nebraska

9 Nebraska opinions name it 2 courts 1914–2025 3 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 (3)

CaseFollowedCited
State v. Lovvorngreen
neb · 2019 · cited in 2 Nebraska opinions naming this issue, 2021–2022
2 sentences

2021In making the assessment, the Nebraska Supreme Court has held that “[w]hile the constitutional right to a speedy trial and the statutory implementation of that right exist inde- pendently of each other, we have recognized that § 29-1207 provides a useful standard for assessing whether the length of a trial delay is unreasonable under the U.S. and Nebraska Constitutions” and that “it is ‘an unusual case’ in which the Sixth Amendment has been violated when the time limits under the speedy trial act have been met.” State v. Lovvorn, 303 Neb. 844, 852 , 932 N.W.2d 64, 70 (2019).

2021In making the assessment, the Nebraska Supreme Court has held that “[w]hile the constitutional right to a speedy trial and the statutory implementation of that right exist inde- pendently of each other, we have recognized that § 29-1207 provides a useful standard for assessing whether the length of a trial delay is unreasonable under the U.S. and Nebraska Constitutions” and that “it is ‘an unusual case’ in which the Sixth Amendment has been violated when the time limits under the speedy trial act have been met.” State v. Lovvorn, 303 Neb. 844, 852 , 932 N.W.2d 64, 70 (2019).

22
State v. Wardgreen
neb · 1999 · cited in 2 Nebraska opinions naming this issue, 2004–2005
2 sentences

2005See State v. Ward, 257 Neb. 377 , 597 N.W.2d 614 (1999), disapproved on other grounds, State v. Feldhacker, supra. Nevertheless, the length of the delay in this case favors Schmader. (b) Reason for Delay In reviewing the record, it is clear that the bulk of the delay in this case revolved around Schmader’s motion to suppress and his motion for continuance.

2005See State v. Ward, 257 Neb. 377 , 597 N.W.2d 614 (1999), disapproved on other grounds, State v. Feldhacker, supra. Nevertheless, the length of the delay in this case favors Schmader. (b) Reason for Delay In reviewing the record, it is clear that the bulk of the delay in this case revolved around Schmader’s motion to suppress and his motion for continuance.

22
State v. Schmadergreen
nebctapp · 2005 · cited in 1 Nebraska opinions naming this issue, 2017–2017
1 sentence

2017See State v. Schmader, 13 Neb.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Parksgreen
neb · 2025 · cited in 1 Nebraska opinions naming this issue, 2025–2025
2 sentences

2025But see Abernathy, supra note 20 (explaining that although appellate court was assumed in Brown and related cases to have jurisdiction over constitutional speedy trial claims raised in interlocutory appeal, such jurisdiction is in fact lacking, because pretrial order denying motion for discharge on constitutional speedy trial grounds is not final, appealable order). - 797 - Nebraska Supreme Court Advance Sheets 319 Nebraska Reports STATE v. PARKS Cite as 319 Neb. 773 other. 40 Nevertheless, § 29-1207 provides a useful standard for assessing whether the length of a trial delay is unreason- able

2025He claims there was “well over a year” of delay 40 State v. Yzeta, 313 Neb. 202 , 983 N.W.2d 124 (2023). 41 Brown, supra note 39 . 42 Id. at 240 , 964 N.W.2d at 693. 43 State v. Hettle, 288 Neb. 288 , 848 N.W.2d 582 (2014). 44 Id. at 302, 848 N.W.2d at 595. 45 Brown, supra note 39 . 46 Id. 47 Id. - 798 - Nebraska Supreme Court Advance Sheets 319 Nebraska Reports STATE v. PARKS Cite as 319 Neb. 773 that was “not attributable to [him]” in bringing him to trial. 48 Parks arrives at this number by adding the 273 days that passed between when the information was filed and when his retained counsel

11

Also cited on this issue (6)

CaseCitedYears
Hewitt v. Eisenbart green
neb · 1893
2 sentences

1930Opinions of witnesses derived from observation are admissible in evidence when, from the nature of the subject under investigation, no better evidence can ibe obtained.’ See, also, 3 Wigmore, Evidence, sec. 1974; Hewitt v. Eisenbart, 36 Neb. 794 ; Western Travelers Accident Ass’n v. Munson, 73 Neb. 858 .” “Fear” is enumerated as one of the subjects to which the rule of evidence applies.

1914Opinions-of witnesses derived from observation are admissible in evidence ivhen, from the nature of the subject under Hives-. tigation, no better evidence can be obtainedSee, also, 3 Wigmore, Evidence, sec. 1974; Hewitt v. Eisenbart, 36 Neb. 794 ; Western Travelers Accident Ass’n v. Munson, 73 Neb. 858 .

21914–1930
Western Travelers' Accident Ass'n v. Munson green
neb · 1905
2 sentences

1930Opinions of witnesses derived from observation are admissible in evidence when, from the nature of the subject under investigation, no better evidence can ibe obtained.’ See, also, 3 Wigmore, Evidence, sec. 1974; Hewitt v. Eisenbart, 36 Neb. 794 ; Western Travelers Accident Ass’n v. Munson, 73 Neb. 858 .” “Fear” is enumerated as one of the subjects to which the rule of evidence applies.

1914Opinions-of witnesses derived from observation are admissible in evidence ivhen, from the nature of the subject under Hives-. tigation, no better evidence can be obtainedSee, also, 3 Wigmore, Evidence, sec. 1974; Hewitt v. Eisenbart, 36 Neb. 794 ; Western Travelers Accident Ass’n v. Munson, 73 Neb. 858 .

21914–1930
State v. Yzeta green
neb · 2023
2 sentences

2025He claims there was “well over a year” of delay 40 State v. Yzeta, 313 Neb. 202 , 983 N.W.2d 124 (2023). 41 Brown, supra note 39 . 42 Id. at 240 , 964 N.W.2d at 693. 43 State v. Hettle, 288 Neb. 288 , 848 N.W.2d 582 (2014). 44 Id. at 302, 848 N.W.2d at 595. 45 Brown, supra note 39 . 46 Id. 47 Id. - 798 - Nebraska Supreme Court Advance Sheets 319 Nebraska Reports STATE v. PARKS Cite as 319 Neb. 773 that was “not attributable to [him]” in bringing him to trial. 48 Parks arrives at this number by adding the 273 days that passed between when the information was filed and when his retained counsel

2025He claims there was “well over a year” of delay 40 State v. Yzeta, 313 Neb. 202 , 983 N.W.2d 124 (2023). 41 Brown, supra note 39 . 42 Id. at 240 , 964 N.W.2d at 693. 43 State v. Hettle, 288 Neb. 288 , 848 N.W.2d 582 (2014). 44 Id. at 302, 848 N.W.2d at 595. 45 Brown, supra note 39 . 46 Id. 47 Id. - 798 - Nebraska Supreme Court Advance Sheets 319 Nebraska Reports STATE v. PARKS Cite as 319 Neb. 773 that was “not attributable to [him]” in bringing him to trial. 48 Parks arrives at this number by adding the 273 days that passed between when the information was filed and when his retained counsel

12025–2025
State v. Lintz green
neb · 2017
1 sentence

2021Accordingly, because the statutory speedy trial clock will inform our thinking govern- ing Sailors’ constitutional challenge and because, during the hearing, Sailors appeared to expand his motion to include a challenge under Nebraska’s speedy trial statute, we would now normally proceed to review the district court’s statutory speedy trial calculation. [10,11] The Nebraska Supreme Court explained in State v. Lintz, 298 Neb. 103, 106-07 , 902 N.W.2d 683 , 686-87 (2017): Addressing a claimed denial of statutory speedy trial rights in a motion for discharge involves a relatively simple mathematic

12021–2021
State v. Loyd green
neb · 2005
2 sentences

2014Ed. 2d 101 (1972). 29 See State v. Loyd, 269 Neb. 762 , 696 N.W.2d 860 (2005). 30 See State v. Schmader, supra note 9 . 31 State v. Trammell, supra note 12 .

2014Ed. 2d 101 (1972). 29 See State v. Loyd, 269 Neb. 762 , 696 N.W.2d 860 (2005). 30 See State v. Schmader, supra note 9 . 31 State v. Trammell, supra note 12 .

12014–2014
Barker v. Wingo green
scotus · 1972
2 sentences

2014The constitutional right to a speedy trial and the statu- tory implementation of that right exist independently of each other.29 Nevertheless, § 29-1207 provides a useful standard for assessing whether the length of a trial delay is unreasonable under the U.S. and Nebraska Constitutions.30 It is an unusual case in which the Sixth Amendment has been violated when the time limits under the speedy trial act have been met.31 [19] A speedy trial, generally, is one conducted according to prevailing rules and proceedings of law, free from arbitrary, 28 See Barker v. Wingo, 407 U.S. 514 , 92 S. Ct. 21

2014The constitutional right to a speedy trial and the statu- tory implementation of that right exist independently of each other.29 Nevertheless, § 29-1207 provides a useful standard for assessing whether the length of a trial delay is unreasonable under the U.S. and Nebraska Constitutions.30 It is an unusual case in which the Sixth Amendment has been violated when the time limits under the speedy trial act have been met.31 [19] A speedy trial, generally, is one conducted according to prevailing rules and proceedings of law, free from arbitrary, 28 See Barker v. Wingo, 407 U.S. 514 , 92 S. Ct. 21

12014–2014

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 29-1207 (7) NE § Neb. Rev. Stat. § 29-1208 (4) NE § Neb. Rev. Stat. § 29-1205 (3)

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

CA 26 (1974–2021) NM 16 (1996–2024) NY 14 (1925–2025) IL 13 (1980–2020) TX 13 (1977–2026) AL 11 (1991–2012) AZ 9 (1990–2017) IN 9 (1998–2025) OH 9 (1988–2021) NE 9 (1914–2025) MD 9 (1983–2010) NJ 8 (1887–2018) MN 8 (1990–2024) PA 6 (1981–2024) MA 6 (1980–2025) CO 6 (1983–2020) MI 6 (1993–2025) WI 6 (1986–2007) FL 5 (1969–2012) OR 5 (1981–2021) KY 4 (1995–2025) ID 4 (1985–2010) MS 4 (1991–1995) CT 4 (1997–2018) DE 4 (1985–2023) IA 4 (1977–2022) UT 4 (1999–2020) WA 3 (1976–1993) LA 3 (2005–2012) AK 3 (1981–2026) DC 3 (1990–2015) RI 2 (2003–2004) KS 2 (2014–2020) WY 2 (1993–2020) VA 2 (2013–2023) AR 2 (1987–1987) VT 2 (1990–2020) OK 2 (1986–1993) SC 2 (1994–1996) WV 2 (1995–1997) HI 2 (1958–1996)

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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