Neb. Rev. Stat. » Chapter 24
Nebraska Revised Statutes

Neb. Rev. Stat. § 24-536 (2026)

✓ current as of July 2026
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24-536.

Transferred to section 25-2705.

Notes of Decisions
Cited in 27 cases, 1974–1998 · leading case: State v. Gerber, 291 N.W.2d 403 (Neb. 1980).
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State v. Gerber, 291 N.W.2d 403 (Neb. 1980). · cites it 20× “Our determination of that issue requires us to examine and balance Neb.Rev.Stat. § 24-536 (Reissue 1975), the statute then in effect, on the one hand and § 26-1,202 (Reissue 1975) on the other.”
State v. Lynch, 394 N.W.2d 651 (Neb. 1986). · cites it 9× “§ 24-536 (Reissue 1985), which provides: Either party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, and other infractions, and except any *855 matter arising under the provisions of the Nebraska Probate Code,…”
State v. Karel, 284 N.W.2d 12 (Neb. 1979). · cites it 6× “The sole issue on this appeal is whether or not the defendant Karel was entitled to a jury trial under the provisions of section 24-536, R. R. S. 1943, upon the charge of drunken driving, first offense, under section 39-669.”
State v. Wiltshire, 491 N.W.2d 324 (Neb. 1992). · cites it 2× “The Eighth Circuit concluded that Richter was entitled to a jury trial and that § 25-2705 (then Neb. Rev. Stat. § 24-536 (Reissue 1985)) was unconstitutional because it denied him this right.”
State v. Kennedy, 396 N.W.2d 722 (Neb. 1986). · cites it 3× “Although there is no constitutional right to a jury trial for petty offenses, the Legislature of Nebraska has enacted Neb. Rev. Stat. § 24-536 (Reissue 1985), which in pertinent part provides: “Either party to any case in county court, except criminal cases arising under city or…”
State v. Bishop, 399 N.W.2d 271 (Neb. 1987). · cites it 3× “Neb. Rev. Stat. § 24-536 (Reissue 1985) provides that “[e]ither party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, and other infractions .”
State Ex Rel. Simpson v. Vondrasek, 279 N.W.2d 860 (Neb. 1979). · cites it 4× “1943, specifically provides: “Either party to any case in county or municipal court, except criminal cases arising under city or village ordinances and traffic infractions, and except any matter arising under the provisions of the Nebraska Probate Code, may demand a trial by…”
State v. Miller, 412 N.W.2d 849 (Neb. 1987). · cites it 2× “The defendant, however, had a statutory right to a jury trial, pursuant to Neb. Rev. Stat. § 24-536 (Reissue 1985). That section provides that a jury trial in county court may be demanded by either party in any case except certain traffic *579 infractions and criminal cases…”
State v. McGurk, 532 N.W.2d 354 (Neb. Ct. App. 1995). · cites it 3× “§ 24-533 (Reissue 1985), which provided that the county courts of Nebraska shall have jurisdiction over prosecutions for violations of city and village ordinances; and (3) Neb. Rev. Stat. § 24-536 (Reissue 1985), which disallowed jury trials for prosecutions under city and…”
State v. Masilko, 409 N.W.2d 322 (Neb. 1987). · cites it 2× “Also, because Masilko requested a trial by jury, pursuant to Neb. Rev. Stat. § 24-536 (Reissue 1985) and within 10 days of entering his plea on the charge of criminal mischief, he is entitled to a jury trial on that charge as well.”
State v. Kolosseus, 253 N.W.2d 157 (Neb. 1977). · cites it 2× “That case was a prosecution under the same ordinance involved in the present case and we there said: “The Nebraska statute, section 24-536, R. S. Supp., 1972, excludes criminal offenses of the nature involved in this case from the availability of a jury trial.”
State v. Vernon, 356 N.W.2d 887 (Neb. 1984). · cites it 2× “In this court the defendant contends that he was erroneously denied a jury trial; the result of a breath test should have been suppressed because he was not furnished with a breath sample for an independent test; and the resentencing was invalid.”
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