considers five factors (Nebraska) · Go Syfert
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considers five factors in Nebraska

8 Nebraska opinions name it 2 courts 1993–2023 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.

Followed or applied (2)

CaseFollowedCited
State v. Reedgreen
neb · 1978 · cited in 1 Nebraska opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Martinez, supra. Our older case law interpreting the residual hearsay exception, however, did not describe the criteria to be considered as “factors,” but, rather, as “conditions precedent to admission.” State v. Reed, 201 Neb. 800, 807, 808 , 272 N.W.2d 759, 763 (1978).

2023See, e.g., Martinez, supra. Our older case law interpreting the residual hearsay exception, however, did not describe the criteria to be considered as “factors,” but, rather, as “conditions precedent to admission.” State v. Reed, 201 Neb. 800, 807, 808 , 272 N.W.2d 759, 763 (1978).

11
Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-Appelleegreen
ca7 · 1979 · cited in 1 Nebraska opinions naming this issue, 1993–1993
1 sentence

1993See Huff v. White Motor Corp., 609 F.2d 286 (7th Cir. 1979).

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 (6)

CaseCitedYears
State v. Toney green
neb · 1993
2 sentences

2006State v. Toney, 243 Neb. 237 , 498 N.W.2d 544 (1993).

2006State v. Toney, 243 Neb. 237 , 498 N.W.2d 544 (1993).

21996–2006
State v. Martinez green
neb · 2020
1 sentence

2020The State argues that Martinez “failed to comply with the notice requirement [of rule 803(23)], which is . . . ‘manda- tory’ as a matter of law, so his proposed evidence was properly excluded.” 32 We agree. 31 See State v. Oldson, 293 Neb. 718 , 884 N.W.2d 10 (2016). 32 Brief for appellee at 25. - 532 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. MARTINEZ Cite as 306 Neb. 516 [7] We have stated that in determining whether a state- ment is admissible under the residual hearsay exception to the hearsay rule, a court considers five factors: a statement’s trustworthiness, t

12020–2020
State v. Oldson green
neb · 2016
2 sentences

2020The State argues that Martinez “failed to comply with the notice requirement [of rule 803(23)], which is . . . ‘manda- tory’ as a matter of law, so his proposed evidence was properly excluded.” 32 We agree. 31 See State v. Oldson, 293 Neb. 718 , 884 N.W.2d 10 (2016). 32 Brief for appellee at 25. - 532 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. MARTINEZ Cite as 306 Neb. 516 [7] We have stated that in determining whether a state- ment is admissible under the residual hearsay exception to the hearsay rule, a court considers five factors: a statement’s trustworthiness, t

2020The State argues that Martinez “failed to comply with the notice requirement [of rule 803(23)], which is . . . ‘manda- tory’ as a matter of law, so his proposed evidence was properly excluded.” 32 We agree. 31 See State v. Oldson, 293 Neb. 718 , 884 N.W.2d 10 (2016). 32 Brief for appellee at 25. - 532 - Nebraska Supreme Court Advance Sheets 306 Nebraska Reports STATE v. MARTINEZ Cite as 306 Neb. 516 [7] We have stated that in determining whether a state- ment is admissible under the residual hearsay exception to the hearsay rule, a court considers five factors: a statement’s trustworthiness, t

12020–2020
State v. Epp green
neb · 2009
2 sentences

2015State v. Epp, 278 Neb. 683 , 773 N.W.2d 356 (2009).

2015State v. Epp, 278 Neb. 683 , 773 N.W.2d 356 (2009).

12015–2015
State v. Castor green
neb · 2001
2 sentences

2009State v. Castor, 262 Neb. 423 , 632 N.W.2d 298 (2001) (applying rule 803(23)).

2009State v. Castor, 262 Neb. 423 , 632 N.W.2d 298 (2001) (applying rule 803(23)).

12009–2009
State v. McBride green
neb · 1996
2 sentences

2001State v. McBride, 250 Neb. 636 , 550 N.W.2d 659 (1996) (analyzing Neb.

2001State v. McBride, 250 Neb. 636 , 550 N.W.2d 659 (1996) (analyzing Neb.

12001–2001

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 27-804 (7) NE § Neb. Rev. Stat. § 27-801 (6) NE § Neb. Rev. Stat. § 27-803 (6) NE § Neb. Rev. Stat. § 27-404 (5) NE § Neb. Rev. Stat. § 27-403 (3) NE § Neb. Rev. Stat. § 27-802 (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

NE 8 (1993–2023) TN 5 (2001–2016) IL 3 (1989–2021) IA 3 (2018–2022) CA 3 (2013–2013) MN 3 (2006–2016) WI 2 (2010–2015) WA 2 (2024–2025)

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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