(1) All informations shall be in writing and signed by the county attorney, complainant, or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases.
(2)(a) Any information charging a violation of section 28-303 and in which the death penalty is sought shall contain a notice of aggravation which alleges one or more aggravating circumstances, as such aggravating circumstances are provided in section 29-2523. 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.
(b) The state shall be permitted to add to or amend a notice of aggravation at any time up to and including the thirtieth day prior to the trial of guilt.
(c) The existence or contents of a notice of aggravation shall not be disclosed to the jury until after the verdict is rendered in the trial of guilt.
(3) Different offenses and different degrees of the same offense may be joined in one information, in all cases in which the same might by different counts be joined in one indictment; and in all cases a defendant or defendants shall have the same right, as to proceedings therein, as the defendant or defendants would have if prosecuted for the same offense upon indictment.
Notes of Decisions
Cited in
20
cases (
5 in the last 5 years), 1940–2026 · leading case:
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
· cites it 5× “We recognize that this procedure is triggered by the filing of a “notice of aggravation,” pursuant to Neb. Rev. Stat. § 29-1603 (Reissue 1995), as amended by L.”
State v. Gunther, 716 N.W.2d 691 (Neb. 2006).
· cites it 3× “The State did not indicate an intent to seek the death penalty by filing *877 a notice alleging aggravating circumstances, as required by Neb. Rev. Stat. § 29-1603 (2)(a) (Cum. Supp.”
State v. Mata, 745 N.W.2d 229 (Neb. 2008).
· cites it 2× “1 had amended Neb.Rev.Stat. § 29-1603 (Reissue 1995) to require that when the State seeks the death penalty, the information must contain a "notice of aggravation which alleges one or more aggravating circumstances.”
State v. Molina, 713 N.W.2d 412 (Neb. 2006).
· cites it 2× “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…”
State v. Gales, 694 N.W.2d 124 (Neb. Ct. App. 2005).
· cites it 2× “Neb. Rev. Stat. § 29-1603 (2)(a) (Cum. Supp.”
State v. Galindo, 774 N.W.2d 190 (Neb. 2009).
· cites it 2× “Section 29-1603(2)(c) states that "[t]he existence or contents of a notice of aggravation shall not be disclosed to the jury until after the verdict is rendered in the trial of guilt.”
State v. Vela, 721 N.W.2d 631 (Neb. 2006).
· cites it 2× “See Neb. Rev. Stat. § 29-1603 (Cum. Supp. 2004).”
State v. King, 316 Neb. 991 (Neb. 2024).
· cites it 2× “991 endorse on the information the names of such other wit- nesses 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…”
State v. Galindo, 994 N.W.2d 562 (Neb. 2023).
· cites it 2× “See Neb. Rev. Stat. § 29-1603 (Reissue 2008).”
State v. Wheeler, 989 N.W.2d 728 (Neb. 2023).
· cites it 2× “See Neb. Rev. Stat. § 29-1603 (1) (Reissue 2016).”
State v. Jones, 575 N.W.2d 156 (Neb. 1998).
· cites it 5× “Neb. Rev. Stat. § 29-1603 (Reissue 1995) provides: “All informations shall be verified by the oath of the county attorney, complainant, or some other person .”
State v. Rush, 975 N.W.2d 541 (Neb. Ct. App. 2022).
· cites it 3× “The prisoner alleged that the failure to include this verification caused the informa- tion to be deficient under Neb. Rev. Stat. § 29-1603 (Reissue 1995), which provided that “[a]ll informations shall be veri- fied by the oath of the county attorney, complainant, or some other…”
— Neb. Rev. Stat. § 29-1603(2)(a) — 1 case
State v. Gunther, 716 N.W.2d 691 (Neb. 2006).
“The State did not indicate an intent to seek the death penalty by filing *877 a notice alleging aggravating circumstances, as required by Neb. Rev. Stat. § 29-1603 (2)(a) (Cum. Supp.”
— Neb. Rev. Stat. § 29-1603(2)(b) — 1 case
— Neb. Rev. Stat. § 29-1603(2)(c) — 1 case
State v. Galindo, 774 N.W.2d 190 (Neb. 2009).
“Section 29-1603(2)(c) states that "[t]he existence or contents of a notice of aggravation shall not be disclosed to the jury until after the verdict is rendered in the trial of guilt.”
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