offense violation in Nebraska

2025Lewis argues that the appropriate test to determine whether DUI/serious bodily injury and motor vehicle homicide/DUI are the same offense is the test announced by the U.S. Supreme Court in Blockburger v. United States, 284 U.S. 299 , 52 S. Ct 180 , 76 L.

2025Lewis argues that the appropriate test to determine whether DUI/serious bodily injury and motor vehicle homicide/DUI are the same offense is the test announced by the U.S. Supreme Court in Blockburger v. United States, 284 U.S. 299 , 52 S. Ct 180 , 76 L.

2024Upon such request and after giving the prosecutor and defend­ ant the opportunity to be heard, the court may defer the entry of a judgment of conviction and the imposition of a sentence and place the defendant on probation, upon con- ditions as the court may require under section 29-2262. (2) The court shall not defer judgment under this sec- tion if: (a) The offense is a violation of section 42-924; (b) The victim of the offense is an intimate partner as defined in section 28-323; 32 In re Interest of T.W., 314 Neb. 475 , 991 N.W.2d 280 (2023). 33 2019 Neb.

2024Upon such request and after giving the prosecutor and defend­ ant the opportunity to be heard, the court may defer the entry of a judgment of conviction and the imposition of a sentence and place the defendant on probation, upon con- ditions as the court may require under section 29-2262. (2) The court shall not defer judgment under this sec- tion if: (a) The offense is a violation of section 42-924; (b) The victim of the offense is an intimate partner as defined in section 28-323; 32 In re Interest of T.W., 314 Neb. 475 , 991 N.W.2d 280 (2023). 33 2019 Neb.

2024GNEWUCH Cite as 316 Neb. 47 (c) The offense is a violation of section 60-6,196 or 60-6,197 or a city or village ordinance enacted in conformance with section 60-6,196 or 60-6,197; or (d) The defendant is not eligible for probation. (3) Whenever a court considers a request to defer judgment, the court shall consider the factors set forth in section 29-2260 and any other information the court deems relevant. (4) Except as otherwise provided in this section and sections 29-2293 and 29-2294, the supervision of a defend­ant on probation pursuant to a deferred judg- ment shall be governed by the Neb

2022It provides in relevant part: - 624 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. $18,000 Cite as 311 Neb. 621 If the claimant proves by a preponderance of the evidence that he or she (a) has not used or intended to use the property to facilitate an offense in violation of the act, (b) has an interest in such property as owner or lienor or otherwise, acquired by him or her in good faith, and (c) at no time had any actual knowledge that such property was being or would be used in, or to facilitate, the viola- tion of the act, the court shall order that such property . .

2021The offense of carry- ing a concealed weapon is committed when a person “carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon.” 28 Under our standard of review, we consider whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the machete was “concealed on or about [Lowman’s] person,” as provided in § 28-1202. 29 A weapon is concealed on or about the person if it is concealed in such proximity to 26 See State v. Ferrin, 30

2021The offense of carry- ing a concealed weapon is committed when a person “carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon.” 28 Under our standard of review, we consider whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the machete was “concealed on or about [Lowman’s] person,” as provided in § 28-1202. 29 A weapon is concealed on or about the person if it is concealed in such proximity to 26 See State v. Ferrin, 30

1999In United States v. Ursery, 518 U.S. 267 , 116 S. Ct. 2135 , 135 L.

1999In United States v. Ursery, 518 U.S. 267 , 116 S. Ct. 2135 , 135 L.

1989Deciding Green’s appeal from the second conviction, a majority of the U.S. Supreme Court held that “this second trial, for first degree murder placed Green in jeopardy twice for the same offense in violation of the Constitution.” 355 U.S. at 190 .

1977To support this contention he relies primarily upon the holding of the United States Supreme Court in Ashe v. Swenson, 397 U. S. 436 , 90 S. Ct. 1189 , 25 L.

1977To support this contention he relies primarily upon the holding of the United States Supreme Court in Ashe v. Swenson, 397 U. S. 436 , 90 S. Ct. 1189 , 25 L.