admissibility test (Nebraska) · Go Syfert
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admissibility test in Nebraska

6 Nebraska opinions name it 2 courts 1982–2018 0 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. Gerbergreen
neb · 1980 · cited in 2 Nebraska opinions naming this issue, 1982–1985
2 sentences

1985See State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980).

1985See State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980).

12
State v. Hittgreen
neb · 1981 · cited in 1 Nebraska opinions naming this issue, 2018–2018
2 sentences

2018See, for example, State v. Hitt, 207 Neb. 746 , 301 N.W.2d 96 (1981) (evidence that defendant struck child sexual assault victim with paddle and hit younger sibling on knees with hammer was properly received to establish children were genuinely afraid of defendant, thereby explaining their failure to make prompt complaint).

2018See, for example, State v. Hitt, 207 Neb. 746 , 301 N.W.2d 96 (1981) (evidence that defendant struck child sexual assault victim with paddle and hit younger sibling on knees with hammer was properly received to establish children were genuinely afraid of defendant, thereby explaining their failure to make prompt complaint).

11
Barna v. Commissioner of Public Safetygreen
minnctapp · 1993 · cited in 1 Nebraska opinions naming this issue, 2004–2004
1 sentence

2004See Barna v. Commissioner of Public Safety, 508 N.W.2d 220 (Minn. App. 1993). *420 Thus, it is unnecessary that Morris be personally familiar with the manner in which Fisher Scientific manufactures or supplies calibration substances or standards.

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 (2)

CaseCitedYears
White v. Illinois green
scotus · 1992
2 sentences

2000I conclude that the Barnett statement was offered as "witness" testimony against the defendant for Confrontation Clause purposes, White v. Illinois, 502 U.S. 346 , 112 S.Ct. 736 , 116 L.Ed.2d 848 (1992) (Thomas, J., concurring in part, and concurring in judgment; Scalia, J., joins), and I understand that the trustworthiness of the statement is the focus of the admissibility analysis of the majority.

2000I conclude that the Barnett statement was offered as "witness" testimony against the defendant for Confrontation Clause purposes, White v. Illinois, 502 U.S. 346 , 112 S.Ct. 736 , 116 L.Ed.2d 848 (1992) (Thomas, J., concurring in part, and concurring in judgment; Scalia, J., joins), and I understand that the trustworthiness of the statement is the focus of the admissibility analysis of the majority.

12000–2000
Frye v. United States red
cadc · 1923
2 sentences

1994Prior to the Supreme Court’s ruling in Daubert , it was well established in Nebraska that the Frye test, as established in Frye v. United States, 293 F. 1013 (D.C.

1994Prior to the Supreme Court's ruling in Daubert , it was well established in Nebraska that the Frye test, as established in Frye v. United States, 293 F. 1013 (D.C.Cir.1923), was the appropriate test to use in determining the admissibility of novel scientific evidence.

11994–1994

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 27-403 (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

OH 112 (1972–2026) TX 65 (1976–2024) IN 40 (1969–2020) GA 40 (1975–2021) IL 39 (1924–2026) PA 29 (1974–2026) NJ 28 (1930–2026) NY 28 (1984–2024) MI 26 (1976–2026) CA 25 (1946–2023) WI 24 (1975–2026) FL 23 (1966–2020) CT 22 (1990–2025) VT 18 (1980–2023) LA 16 (1983–2024) AL 16 (1982–2017) MO 15 (1987–2020) WA 15 (1959–2026) KS 15 (1976–2024) UT 15 (1979–2026) MD 14 (1980–2024) VA 14 (1980–2025) MN 14 (1980–2025) NC 14 (1882–2020) OR 12 (1987–2017) IA 12 (1894–2025) ND 11 (1978–2014) MT 11 (1989–2024) CO 10 (1976–2021) TN 10 (1979–2020) MA 10 (1974–2016) ID 10 (1992–2022) DC 9 (1985–2024) HI 8 (1987–2012) OK 7 (1975–1995) RI 6 (1971–2024) KY 6 (1964–2024) WV 6 (1979–2002) SC 6 (1984–2024) MS 6 (2001–2019) ME 6 (1978–2026) NM 6 (1974–2022) NE 6 (1982–2018) AR 5 (1982–2025) AZ 4 (1975–2014) WY 3 (1988–2003) DE 3 (1993–2015) NH 3 (1984–1992) SD 3 (1976–1996) AK 2 (1996–1996)

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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