The prosecuting attorney may take exception to any ruling or decision of the court made during the prosecution of a cause by presenting to the trial court the application for leave to file an appeal with reference to the rulings or decisions of which complaint is made. Such application shall contain a copy of the ruling or decision complained of, the basis and reasons for objection thereto, and a statement by the prosecuting attorney as to the part of the record he or she proposes to present to the appellate court. Such application shall be filed with the trial court within twenty days after the final order is entered in the cause, and upon presentation, if the trial court finds it is in conformity with the truth, the judge of the trial court shall sign the same and shall further indicate thereon whether in his or her opinion the part of the record which the prosecuting attorney proposes to present to the appellate court is adequate for a proper consideration of the matter. The prosecuting attorney shall then file such application with the appellate court within thirty days from the date of the final order. If the application is granted, the prosecuting attorney shall within thirty days from such granting order a bill of exceptions in accordance with section 29-2020 if such bill of exceptions is desired and otherwise proceed to obtain a review of the case as provided in section 25-1912.
Notes of Decisions
Cited in
144
cases (
11 in the last 5 years), 1960–2026 · leading case:
State v. Thalken, 299 Neb. 857 (Neb. 2018).
State v. Thalken, 299 Neb. 857 (Neb. 2018).
· cites it 28× “3 See Neb. Rev. Stat. § 29-2315.01 (Reissue 2016).”
State v. Hense, 753 N.W.2d 832 (Neb. 2008).
· cites it 18× “The State brought this error proceeding pursuant to Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2006).”
State v. Figeroa, 767 N.W.2d 775 (Neb. 2009).
· cites it 8× “The State brought this error proceeding pursuant to Neb.Rev.Stat. § 29-2315.01 (Reissue 2008).”
In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016).
· cites it 7× “In this case, the State sought to use the appellate procedure for error proceedings set out in Neb. Rev. Stat. § 29-2315.01 (Reissue 2008).”
State v. Vasquez, 716 N.W.2d 443 (Neb. 2006).
· cites it 7× “The State then took exception to the district court’s decision, initiating proceedings under Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2004), which allows the State to take exception to trial court decisions.”
State v. Guzman, 305 Neb. 376 (Neb. 2020).
· cites it 5× “The preclusion of a cross-appeal by the State in a criminal case where the district court is the trial court relates to the State’s limited right to appeal in a criminal case.”
State v. Dunlap, 710 N.W.2d 873 (Neb. 2006).
· cites it 8× “See Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2004) (specifying procedure by which prosecuting attorneys may appeal trial court rulings).”
State v. Johnson, 613 N.W.2d 459 (Neb. 2000).
· cites it 19× “INTRODUCTION Pursuant to Neb. Rev. Stat. § 29-2315.01 (Reissue 1995), the State attempts to take exception to a decision of the district court for Douglas County, which sustained the motion for absolute discharge of Brandon R.”
State v. Griffin, 705 N.W.2d 51 (Neb. 2005).
· cites it 5× “The State brings this appeal pursuant to Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2004), contending that the district court for Dakota County, sitting as an intermediate appellate court, erred in modifying an appeal bond and determining that a criminal sentence entered by the…”
State v. Contreras, 688 N.W.2d 580 (Neb. 2004).
· cites it 7× “NATURE OF CASE In this error proceeding brought by the State pursuant to Neb. Rev. Stat. § 29-2315.01 (Supp. 2003), we are primarily asked to provide an answer to the question whether it is proper for the trial court to include an aiding and abetting instruction in its charge to…”
State v. Dorcey, 592 N.W.2d 495 (Neb. 1999).
· cites it 8× “A series of provisions contained in Neb. Rev. Stat. § 29-2315.01 et seq. (Reissue 1995) allows prosecutorial appeals and the review of certain trial court rulings.”
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
· cites it 5× “INTRODUCTION The issue in this error proceeding1 is whether a proba- tion violation allegation asserting a law violation from a 1 See Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2018).”
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treatment. Dots show Syfertize treatment of the citing case itself.