(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, 7 N.W.3d 884 (Neb. 2024).
· cites it 2× “Language in some of our cases suggests that 30 days prior to trial is a significant milestone in the analysis of whether additional witnesses may be endorsed.”
State v. Galindo, 994 N.W.2d 562 (Neb. 2023).
· cites it 2× “Given all this, Galindo’s - 22 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports STATE V. GALINDO motion claimed his trial counsel was ineffective in not facilitating guilty pleas prior to the enactment of L.”
State v. Wheeler, 989 N.W.2d 728 (Neb. 2023).
· cites it 2× “33 A continuing offense is defined as a continuous, unlawful act or series of acts set in motion by a single impulse and operated by an unintermittent force, however long a time it may occupy; an offense which continues day by day; a breach of the criminal law, not terminated by…”
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× “State, supra, the Supreme Court found that while lacking formal verification, the information had been properly verified in accordance with § 29-1603 because it had “been subscribed and sworn to [by the county attorney] before the deputy clerk of the district court” with…”
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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