All informations shall be filed in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant. The prosecuting attorney shall subscribe his or her name thereto and endorse thereon the names of the witnesses known to him or her at the time of filing. After the information has been filed, the prosecuting attorney shall endorse on the information the names of such other witnesses as shall then be known to him or her as the court in its discretion may prescribe, except that if a notice of aggravation is contained in the information as provided in section 29-1603, the prosecuting attorney may endorse additional witnesses at any time up to and including the thirtieth day prior to the trial of guilt.
Notes of Decisions
Cited in
41
cases (
8 in the last 5 years), 1934–2024 · leading case:
State v. Molina, 713 N.W.2d 412 (Neb. 2006).
State v. Molina, 713 N.W.2d 412 (Neb. 2006).
· cites it 6× “2004), when the death penalty is sought and the information contains a notice of aggravation, as was the case here, then the State cannot endorse additional witnesses less than 30 days before trial.”
State v. Figures, 308 Neb. 801 (Neb. 2021).
· cites it 4× “Figures’ trial counsel was not deficient for failing to object to and seek to exclude the contents of the digital forensic 53 See Neb. Rev. Stat. § 29-1602 (Reissue 2016).”
State v. Smith, 292 Neb. 434 (Neb. 2016).
· cites it 4× “Neb. Rev. Stat. § 29-1602 (Reissue 2008) gen- erally requires the prosecution to endorse the names of all known witnesses in the information at the time it is filed, but permits the endorsement of additional witnesses up to and including 30 days prior to trial.”
State v. King, 316 Neb. 991 (Neb. 2024).
· cites it 6× “(c) Analysis The endorsement of witnesses in criminal trials is gov- erned by Neb. Rev. Stat. § 29-1602 (Cum. Supp. 2022), which provides: All informations shall be filed in the court having jurisdiction of the offense specified therein, by the pros- ecuting attorney of the…”
State v. Gales, 694 N.W.2d 124 (Neb. Ct. App. 2005).
· cites it 2× “The notice of aggravation shall be filed as provided in section 29-1602. It shall constitute sufficient notice to describe the alleged aggravating circumstances in the language provided in section 29-2523.”
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
· cites it 2× “The notice of aggravation shall be filed as provided in section 29-1602. It shall constitute sufficient notice to describe the alleged aggravating circumstances in the language provided in section 29-2523.”
State v. Boppre, 453 N.W.2d 406 (Neb. 1990).
· cites it 3× “and was an abuse of discretion____Especially the testimony of witnesses Neu (incriminating statements allegedly made by Defendant) to him and Robert Gall (testimony that he had sold the .32 caliber handgun to Defendant) were extremely important matters, and lack of sufficient…”
State v. Jackson, 408 N.W.2d 720 (Neb. 1987).
· cites it 3× “” Jackson then refers to Neb. Rev. Stat. § 29-1602 (Reissue 1985), which requires that the prosecuting attorney shall endorse on the information the names of the witnesses known to such prosecutor at the time the information is filed.”
State v. Muse, 721 N.W.2d 661 (Neb. Ct. App. 2006).
· cites it 4× “Neb. Rev. Stat. § 29-1602 (Cum. Supp. 2004) provides in part: All informations shall be filed in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant.”
State v. Cebuhar, 567 N.W.2d 129 (Neb. 1997).
· cites it 4× “Neb. Rev. Stat. § 29-1602 (Reissue 1995) provides that a prosecutor, when filing an information, shall endorse thereon the names of the witnesses known to him at the time of filing the same; and at such time thereafter, as the court or a judge thereof in vacation, in its or his…”
State v. Brandon, 481 N.W.2d 207 (Neb. 1992).
· cites it 5× “On May 29,1990, just before the trial commenced, the State, pursuant to Neb. Rev. Stat. § 29-1602 (Reissue 1989), asked leave of the court to endorse the name of Robinson on the information as a witness.”
State v. Hofmann, 967 N.W.2d 435 (Neb. 2021).
· cites it 2× “” Neb. Rev. Stat. § 29-1602 (Cum. Supp. 2020), relied on by Hofmann, states, “All informations shall be filed in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant.”
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