pattern jury instruction (Nebraska) · Go Syfert
← Nebraska issues

pattern jury instruction in Nebraska

7 Nebraska opinions name it 2 courts 2008–2021 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 (2)

CaseFollowedCited
State v. Lowmangreen
neb · 2021 · cited in 1 Nebraska opinions naming this issue, 2021–2021
2 sentences

2021“Assignments of error on direct appeal regarding ineffective assistance of trial counsel must specifically allege deficient performance.” State v. Lowman, 308 Neb. 482, 497 , 954 N.W.2d 905, 919 (2021).

2021“Assignments of error on direct appeal regarding ineffective assistance of trial counsel must specifically allege deficient performance.” State v. Lowman, 308 Neb. 482, 497 , 954 N.W.2d 905, 919 (2021).

11
State v. Pribilgreen
neb · 1986 · cited in 1 Nebraska opinions naming this issue, 2008–2008
2 sentences

2008Thus, the jury instruction given by the district court was a correct statement of the law, and by giving the pattern jury instruction definition of "reckless," the district court avoided using "the horrendously complicated definition of the term `recklessly' contained in § 28-109(19)." See State v. Pribil, 224 Neb. 28, 32 , 395 N.W.2d 543, 547 (1986).

2008Thus, the jury instruction given by the district court was a correct statement of the law, and by giving the pattern jury instruction definition of "reckless," the district court avoided using "the horrendously complicated definition of the term `recklessly' contained in § 28-109(19)." See State v. Pribil, 224 Neb. 28, 32 , 395 N.W.2d 543, 547 (1986).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Pruettgreen
neb · 2002 · cited in 1 Nebraska opinions naming this issue, 2008–2008
2 sentences

2008But see State v. Pruett, 263 Neb. 99 , 638 N.W.2d 809 (2002) (Nebraska Supreme Court noted that trial court's instructing jury using statutory definition of "recklessly" was proper).

2008But see State v. Pruett, 263 Neb. 99 , 638 N.W.2d 809 (2002) (Nebraska Supreme Court noted that trial court's instructing jury using statutory definition of "recklessly" was proper).

11

Also cited on this issue (5)

CaseCitedYears
State v. Huerta green
nebctapp · 2018
2 sentences

2018We agree with Huerta’s basic contention - 183 - Nebraska Court of A ppeals A dvance Sheets 26 Nebraska A ppellate R eports STATE v. HUERTA Cite as 26 Neb.

2018We agree with Huerta’s basic contention - 183 - Nebraska Court of A ppeals A dvance Sheets 26 Nebraska A ppellate R eports STATE v. HUERTA Cite as 26 Neb.

22018–2018
State v. Valentine green
nebctapp · 2019
2 sentences

2020In State v. Valentine, 27 Neb.

2020State v. Valentine, 27 Neb.

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

2019State v. Rothenberger, 294 Neb. 810 , 885 N.W.2d 23 (2016). [16] Here, the district court used a pattern jury instruction regarding the jury’s evaluation of the credibility of an expert witness.

2019State v. Rothenberger, 294 Neb. 810 , 885 N.W.2d 23 (2016). [16] Here, the district court used a pattern jury instruction regarding the jury’s evaluation of the credibility of an expert witness.

12019–2019
State v. Thorpe green
neb · 2010
2 sentences

2013Whenever an applicable instruction may be taken from the Nebraska Jury Instructions, that instruction is the one which 30 Brief for appellant at 37. 31 State v. Robinson, 272 Neb. 582 , 724 N.W.2d 35 (2006), abrogated on other grounds, State v. Thorpe, 280 Neb. 11 , 783 N.W.2d 749 (2010). 32 Brief for appellant at 35.

2013Whenever an applicable instruction may be taken from the Nebraska Jury Instructions, that instruction is the one which 30 Brief for appellant at 37. 31 State v. Robinson, 272 Neb. 582 , 724 N.W.2d 35 (2006), abrogated on other grounds, State v. Thorpe, 280 Neb. 11 , 783 N.W.2d 749 (2010). 32 Brief for appellant at 35.

12013–2013
State v. Robinson green
neb · 2006
2 sentences

2013Whenever an applicable instruction may be taken from the Nebraska Jury Instructions, that instruction is the one which 30 Brief for appellant at 37. 31 State v. Robinson, 272 Neb. 582 , 724 N.W.2d 35 (2006), abrogated on other grounds, State v. Thorpe, 280 Neb. 11 , 783 N.W.2d 749 (2010). 32 Brief for appellant at 35.

2013Whenever an applicable instruction may be taken from the Nebraska Jury Instructions, that instruction is the one which 30 Brief for appellant at 37. 31 State v. Robinson, 272 Neb. 582 , 724 N.W.2d 35 (2006), abrogated on other grounds, State v. Thorpe, 280 Neb. 11 , 783 N.W.2d 749 (2010). 32 Brief for appellant at 35.

12013–2013

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 28-319 (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

NC 108 (1982–2026) CA 84 (1996–2026) GA 78 (1975–2026) WA 63 (1980–2026) TN 56 (1992–2026) IL 53 (1978–2026) WI 44 (1982–2025) MD 40 (2000–2026) IN 39 (1992–2025) AL 35 (1990–2025) CO 28 (1984–2026) NY 24 (1973–2023) ND 17 (1979–2026) MN 16 (2002–2026) KS 9 (1995–2025) SD 8 (1975–2024) DE 7 (2012–2022) WY 7 (1981–2025) NE 7 (2008–2021) ID 6 (1990–2013) AK 5 (2021–2025) DC 4 (2004–2022) MT 4 (2004–2026) MS 3 (1998–2019) MO 3 (1993–2020) OH 2 (2008–2024) MA 2 (1993–2010)

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.

← Caselaw search · G Cite Topics · Brief Check