Nebraska Revised Statutes

Neb. Rev. Stat. § 27-1301 (2026)

Evidence of child sexual abuse material; restrictions on care, custody, and control; Supreme Court; duties

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) In any judicial or administrative proceeding, any property or material that constitutes child sexual abuse material as defined in section 28-1802 shall remain constantly and continuously in the care, custody, and control of law enforcement, the prosecuting attorney, or the court having properly received it into evidence, except as provided in subsection (3) of this section.

(2) All courts and administrative agencies shall unequivocally deny any request by the defendant, his or her attorney, or any other person, agency, or organization, regardless of whether such defendant, attorney, or other person, agency, or organization is a party in interest or not, to acquire possession of, copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child sexual abuse material as defined in section 28-1802, so long as the state makes the property or material reasonably available to the defendant in a criminal proceeding. Nothing in this section shall be deemed to prohibit the review of the proscribed materials or property by a federal court when considering a habeas corpus claim.

(3)(a) For purposes of this section, property or material are deemed to be reasonably available to a defendant if the state provides ample opportunity for inspection, viewing, examination, and analysis of the property or material, at a law enforcement or state-operated facility, to the defendant, his or her attorney, and any individual the defendant seeks to use for the purpose of furnishing expert testimony.

(b) Notwithstanding the provisions of this subsection, a court may order a copy of the property or material to be delivered to a person identified as a defense expert for the purpose of evaluating the evidence, subject to the same restrictions placed upon law enforcement. The defense expert shall return all copies and materials to law enforcement upon completion of the evaluation.

(4) The Supreme Court shall adopt and promulgate rules and regulations regarding the proper control, care, custody, transfer, and disposition of property or material that constitutes child sexual abuse material as defined in section 28-1802 that has been received into evidence at any judicial or administrative proceeding. Among the issues addressed by these rules and regulations, the Supreme Court should devise procedures regarding the preparation and delivery of bills of exception containing evidence as described in this section, as well as procedures for storing, accessing, and disposing of such bills of exception after preparation and receipt.

Notes of Decisions

Cited in 8 cases, 1950–1992 · leading case: Baskins v. Krepcik, 43 N.W.2d 624 (Neb. 1950).

Sort: Relevance Newest Treatment

Baskins v. Krepcik, 43 N.W.2d 624 (Neb. 1950). · cites it 4× “Section 27-1301, Arizona Code 1939, provides in general language that "The owner or claimant of any real property or of any interest therein, may compel a partition thereof between him and other owners, * * *.”

Sch. Dist. No. 17, Douglas Cnty. v. State, 316 N.W.2d 767 (Neb. 1982). · cites it 4× “) The appeal procedure from judgments by justices of the peace is provided for in Neb.Rev.Stat. §§ 27-1301 et seq. (Reissue 1964), which were repealed in 1972.”

Gesman v. State, 342 N.W.2d 196 (Neb. 1984). · cites it 2× “2d 767 (1982), § 77-2407 incorporates by reference the scheme of appellate procedure of Neb. Rev. Stat. §§ 27-1301 et seq. (Reissue 1964).”

United Way of the Midlands v. Douglas Cnty. Bd. of Equalization, 259 N.W.2d 270 (Neb. 1977). “R. S. 1943, does not specifically mention the time limited for the filing of the transcript in the District Court, it does refer to the procedure required in appeals from the justice courts.”

Fisher v. City of Grand Island, 479 N.W.2d 772 (Neb. 1992). · cites it 6× “As stated above, Neb.Rev.Stat. §§ 27-1301 through 27-1315 (Reissue 1964), pertaining to justice courts, were repealed in 1972.”

Knoefler Honey Farms v. Cnty. of Sherman, 225 N.W.2d 855 (Neb. 1975). · cites it 2× “See, also, former sections 27-1301 to 27-1315, R.R.S. 1943.”

State v. Belding, 211 N.W.2d 715 (Neb. 1973). “Former § 27-1301, R. R. S. 1943. _ Appeals were not allowed from judgments rendered on.”

Knoefler Honey Farms v. Cnty. of Sherman, 225 N.W.2d 855 (Neb. 1975). · cites it 2× “See, also, former §§ 27-1301 to 27-1315, R. R. S. 1943. It is true, of course, that effective January 4, 1973, the statutes designed to set out the procedure for appeal from a judgment of a justice of the peace court were repealed.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.