absence of an express waiver in Nebraska

8 Nebraska opinions name it 2 courts 1978–2021 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.

Followed or applied (3)

Case	Followed	Cited
State v. Boltongreen neb · 1982 · cited in 3 Nebraska opinions naming this issue, 1982–1995 2 sentences 1995We stated in State v. Beck, supra, at 704, 325 N.W.2d at 150 : “This court has previously held: ‘[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.’ State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).” 238 Neb. at 141 , 469 N.W.2d at 367 . 1995We stated in State v. Beck, supra, at 704, 325 N.W.2d at 150 : “This court has previously held: ‘[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.’ State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).” 238 Neb. at 141 , 469 N.W.2d at 367 .	2	3
State v. Kinstlergreen neb · 1980 · cited in 4 Nebraska opinions naming this issue, 1982–2021 2 sentences 2021In State v. Kinstler, 207 Neb. 386, 390-91 , 299 N.W.2d 182, 185-86 (1980), we clarified our position: In a series of decisions rendered by this court since the enactment of the speedy trial laws by the Legislature of the State of Nebraska, we have announced that the primary burden is upon the State to bring the accused person to trial within the time provided by law and that, if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged, in the absence of an express waiver or waiver as provided by statute. 2021In State v. Kinstler, 207 Neb. 386, 390-91 , 299 N.W.2d 182, 185-86 (1980), we clarified our position: In a series of decisions rendered by this court since the enactment of the speedy trial laws by the Legislature of the State of Nebraska, we have announced that the primary burden is upon the State to bring the accused person to trial within the time provided by law and that, if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged, in the absence of an express waiver or waiver as provided by statute.	1	4
Barker v. Wingogreen scotus · 1972 · cited in 1 Nebraska opinions naming this issue, 1978–1978 2 sentences 1978See, also, Barker v. Wingo, 407 U. S. 514 , 92 S. Ct. 2182 , 33 L. 1978See, also, Barker v. Wingo, 407 U. S. 514 , 92 S. Ct. 2182 , 33 L.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
State v. Irish green neb · 1986 2 sentences 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin	2	1998–2009
State v. Hays green neb · 1997 2 sentences 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin	2	1998–1999
State v. Beck green neb · 1982 2 sentences 1995We stated in State v. Beck, supra, at 704, 325 N.W.2d at 150 : “This court has previously held: ‘[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.’ State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).” 238 Neb. at 141 , 469 N.W.2d at 367 . 1991We stated in State v. Beck, supra at 704, 325 N.W.2d at 150 : This court has previously held: “[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.” State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).	2	1991–1995
State v. Louthan green neb · 1999 2 sentences 2009State v. Louthan, 257 Neb. 174 , 595 N.W.2d 917 (1999); State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986); State v. Wiemer, 15 Neb.App. 260 , 725 N.W.2d 416 (2006). 2009State v. Louthan, 257 Neb. 174 , 595 N.W.2d 917 (1999); State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986); State v. Wiemer, 15 Neb.App. 260 , 725 N.W.2d 416 (2006).	1	2009–2009
State v. Wiemer green nebctapp · 2006 2 sentences 2009State v. Louthan, 257 Neb. 174 , 595 N.W.2d 917 (1999); State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986); State v. Wiemer, 15 Neb.App. 260 , 725 N.W.2d 416 (2006). 2009State v. Louthan, 257 Neb. 174 , 595 N.W.2d 917 (1999); State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986); State v. Wiemer, 15 Neb.App. 260 , 725 N.W.2d 416 (2006).	1	2009–2009
State v. McBride green neb · 1997 2 sentences 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin 1998In State v. Hays, 253 Neb. 467 , 570 N.W.2d 823 (1997), we explained and clarified the rule previously set forth in State v. McBride, 252 Neb. 866 , 567 N.W.2d 136 (1997), and State v. Irish, 223 Neb. 814 , 394 N.W.2d 879 (1986), and stated that in order to support a plea of guilty or no contest, the court must (1) inform the defendant concerning (a) the nature of the charge, (b) the right to assistance of counsel, (c) the right to confront witnesses against the defendant, (d) the right to a jury trial, and (e) the privilege against self-incrimination; and (2) examine the defendant to determin	1	1998–1998
State v. Richter green neb · 1992 2 sentences 1995In State v. Richter, 240 Neb. 223 , 481 N.W.2d 200 (1992), the Supreme Court found that the defendant did not have proper notice of the date when he was to appear in district court, and thus, the speedy trial clock was not tolled. 1995In State v. Richter, 240 Neb. 223 , 481 N.W.2d 200 (1992), the Supreme Court found that the defendant did not have proper notice of the date when he was to appear in district court, and thus, the speedy trial clock was not tolled.	1	1995–1995
State v. Groves green neb · 1991 2 sentences 1995We stated in State v. Beck, supra, at 704, 325 N.W.2d at 150 : “This court has previously held: ‘[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.’ State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).” 238 Neb. at 141 , 469 N.W.2d at 367 . 1995We stated in State v. Beck, supra, at 704, 325 N.W.2d at 150 : “This court has previously held: ‘[T]he primary burden is upon the State to bring the accused person to trial within the time provided by law, and if he is not brought to trial within that time, he is entitled to an absolute discharge from the offense alleged in the absence of an express waiver or waiver as provided by statute.’ State v. Bolton, [ 210 Neb. 694, 697 , 316 N.W.2d 619, 621 (1982)]; State v. Kinstler, 207 Neb. 386 , 299 N.W.2d 182 (1980).” 238 Neb. at 141 , 469 N.W.2d at 367 .	1	1995–1995

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 29-1207 (5) NE § Neb. Rev. Stat. § 29-1208 (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 35 (1888–2024) NY 29 (1894–2014) TX 19 (1974–2024) LA 15 (1940–2025) MD 15 (1968–2025) IL 14 (1911–2026) PA 11 (1912–2026) GA 10 (1932–2026) NE 8 (1978–2021) FL 7 (1930–2016) CT 7 (1974–2022) MA 6 (1957–2020) AZ 6 (2004–2022) IA 5 (1971–2021) MO 4 (2012–2016) NH 4 (1988–2002) DE 4 (1980–2022) HI 4 (2001–2009) CO 3 (1995–2025) NJ 3 (1988–1997) WA 3 (1998–2000) OK 3 (1966–2011) VT 3 (1998–2024) OH 3 (1901–2020) MT 3 (1995–2003) VA 3 (2003–2024) AK 3 (1978–2003) MN 2 (1906–2014) WY 2 (2002–2020) AR 2 (1994–2005) AL 2 (2002–2002) NM 2 (1992–2002) OR 2 (1959–1996) IN 2 (1993–2016)

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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