It is the intent of the Legislature that the Nebraska State Fair Board establish the State Fair Foundation as a nonprofit foundation operated exclusively as a corporation for charitable purposes as contemplated by sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code as defined in section 49-801.01, and organized and operated for the benefit of and to carry out the purposes of the board. The foundation may solicit, receive, hold, invest, and contribute funds and property for the use and benefit of the board in a manner consistent with the public good and primarily for capital expenditure and other needs not funded by other means.
Notes of Decisions
Cited in
43
cases (
19 in the last 5 years), 1988–2026 · leading case:
State v. Malone, 957 N.W.2d 892 (Neb. 2021).
State v. Malone, 957 N.W.2d 892 (Neb. 2021).
· cites it 17× “” Apparently in an attempt to avoid divesting itself of jurisdiction over Malone’s appeal, the Court of Appeals clarified that the “case is not remanded to [the] district court.” Following what it termed a “hearing on the [m]andate from the Nebraska Court of Appeals on .”
In re Interest of Tyrone K., 887 N.W.2d 489 (Neb. 2016).
· cites it 2× “49 Likewise, nothing would preclude an appellant from filing a praecipe to prepare a bill of exceptions in each such court, with a copy delivered to the proper court reporting personnel.”
State v. Alarcon-Chavez, 893 N.W.2d 706 (Neb. 2017).
“2010) states: Upon the request of the court or of any party, either through counsel or pro se, the court reporting personnel shall make or have made a verbatim record of anything and everything said or done by anyone in the course of trial or any other proceeding, including, but…”
State v. Epp, 773 N.W.2d 356 (Neb. 2009).
“§ 2-105, which requires a certificate by the court reporter but does not specify that a seal is required.”
State v. Sierra, 939 N.W.2d 808 (Neb. 2020).
“Failure to Maintain Law License and Appropriate Moral Standing Lastly, Sierra claims that his attorney’s failure to maintain her law license and the investigation into her criminal conduct rendered his attorney per se ineffective.”
Hynes v. Good Samaritan Hosp., 830 N.W.2d 499 (Neb. 2013).
“…v. Cargill Meat Solutions, supra note 1; VanKirk v. Central Community College, supra note 1. 9 Neb. Ct. R. App. P. § 2-105(2)(B)(1)(b) (rev. 2010).”
State v. Barker, 420 N.W.2d 695 (Neb. 1988).
· cites it 2× “See Neb.Rev.Stat. § 2-105(1) (Reissue 1985). To counter Barker's claim that the trial judge should have recused himself as a result of meeting with the victim's family, the State argues that "[s]ince the appellant has not shown that the sentencing judge was in any way influenced…”
State v. Henderson, 854 N.W.2d 616 (Neb. 2014).
“15 We cannot conclude from the record that the findings of the district court in the § 2-105(B)(5) hearing were so unsubstanti- ated that any purported errors were injurious to the integrity, reputation, or fairness of the judicial process as to justify reversal on appeal under…”
State ex. rel. Malone v. Baldonado-Bellamy, 950 N.W.2d 81 (Neb. 2020).
“BALDONADO-BELLAMY of his trial, because the rules promulgated by this court pursuant to statutory authority have “expressly provided” the procedure by which one can obtain a record, transcript, or a bill of exceptions from a trial from the court reporter in the district court,…”
State v. Kays, 854 N.W.2d 783 (Neb. 2014).
· cites it 28× “§ 2-105(B)(5) (rev. 2010) to be conducted by a judge who did not preside over the original trial.”
Olander v. McPhillips, 947 N.W.2d 578 (Neb. Ct. App. 2020).
· cites it 2× “” The court’s order denying McPhillips’ motion to vacate states that “[t]he Court allowed the hearing to occur, thus the record was reopened for purposes of [McPhillips] providing further evidence as well as argument to the Court.”
Parde v. Parde, 979 N.W.2d 788 (Neb. Ct. App. 2022).
“The issues presented to the district court were not particularly novel or difficult. Therefore, we find no abuse of discretion in the district court’s decision to deny Cindy’s request for attorney fees and costs.”
Neb. Rev. Stat. § 2-105(1): 1 case
State v. Barker, 420 N.W.2d 695 (Neb. 1988).
“See Neb.Rev.Stat. § 2-105(1) (Reissue 1985). To counter Barker's claim that the trial judge should have recused himself as a result of meeting with the victim's family, the State argues that "[s]ince the appellant has not shown that the sentencing judge was in any way influenced…”
Neb. Rev. Stat. § 2-105(2)(B)(1)(b): 1 case
Hynes v. Good Samaritan Hosp., 830 N.W.2d 499 (Neb. 2013).
“…v. Cargill Meat Solutions, supra note 1; VanKirk v. Central Community College, supra note 1. 9 Neb. Ct. R. App. P. § 2-105(2)(B)(1)(b) (rev. 2010).”
Neb. Rev. Stat. § 2-105(5): 1 case
Neb. Rev. Stat. § 2-105(A): 2 cases
Neb. Rev. Stat. § 2-105(A)(1): 6 cases
Olander v. McPhillips, 947 N.W.2d 578 (Neb. Ct. App. 2020).
“” The court’s order denying McPhillips’ motion to vacate states that “[t]he Court allowed the hearing to occur, thus the record was reopened for purposes of [McPhillips] providing further evidence as well as argument to the Court.”
Neb. Rev. Stat. § 2-105(A)(2): 8 cases
State v. Alarcon-Chavez, 893 N.W.2d 706 (Neb. 2017).
“2010) states: Upon the request of the court or of any party, either through counsel or pro se, the court reporting personnel shall make or have made a verbatim record of anything and everything said or done by anyone in the course of trial or any other proceeding, including, but…”
State v. Sierra, 939 N.W.2d 808 (Neb. 2020).
“Failure to Maintain Law License and Appropriate Moral Standing Lastly, Sierra claims that his attorney’s failure to maintain her law license and the investigation into her criminal conduct rendered his attorney per se ineffective.”
Neb. Rev. Stat. § 2-105(A)(3): 1 case
Neb. Rev. Stat. § 2-105(B)(1)(a): 3 cases
Neb. Rev. Stat. § 2-105(B)(1)(b): 3 cases
Neb. Rev. Stat. § 2-105(B)(13): 1 case
Neb. Rev. Stat. § 2-105(B)(2): 1 case
Neb. Rev. Stat. § 2-105(B)(2)(a): 6 cases
Parde v. Parde, 979 N.W.2d 788 (Neb. Ct. App. 2022).
“The issues presented to the district court were not particularly novel or difficult. Therefore, we find no abuse of discretion in the district court’s decision to deny Cindy’s request for attorney fees and costs.”
Neb. Rev. Stat. § 2-105(B)(2)(b): 2 cases
Neb. Rev. Stat. § 2-105(B)(2)(e): 1 case
Neb. Rev. Stat. § 2-105(B)(2)(f): 3 cases
Neb. Rev. Stat. § 2-105(B)(3): 1 case
Neb. Rev. Stat. § 2-105(B)(4): 1 case
Neb. Rev. Stat. § 2-105(B)(4)(b): 1 case
Neb. Rev. Stat. § 2-105(B)(4)(c): 1 case
Neb. Rev. Stat. § 2-105(B)(5): 7 cases
State v. Malone, 957 N.W.2d 892 (Neb. 2021).
“” Apparently in an attempt to avoid divesting itself of jurisdiction over Malone’s appeal, the Court of Appeals clarified that the “case is not remanded to [the] district court.” Following what it termed a “hearing on the [m]andate from the Nebraska Court of Appeals on .”
State v. Henderson, 854 N.W.2d 616 (Neb. 2014).
“15 We cannot conclude from the record that the findings of the district court in the § 2-105(B)(5) hearing were so unsubstanti- ated that any purported errors were injurious to the integrity, reputation, or fairness of the judicial process as to justify reversal on appeal under…”
State ex. rel. Malone v. Baldonado-Bellamy, 950 N.W.2d 81 (Neb. 2020).
“BALDONADO-BELLAMY of his trial, because the rules promulgated by this court pursuant to statutory authority have “expressly provided” the procedure by which one can obtain a record, transcript, or a bill of exceptions from a trial from the court reporter in the district court,…”
State v. Kays, 854 N.W.2d 783 (Neb. 2014).
“§ 2-105(B)(5) (rev. 2010) to be conducted by a judge who did not preside over the original trial.”
Neb. Rev. Stat. § 2-105(B)(9): 1 case
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