The application for review provided in section 29-824 shall be accompanied by a copy of the order of the trial court granting the motion to suppress and a bill of exceptions containing all of the evidence, including affidavits, considered by the trial court in its ruling on the motion, and so certified by the trial court. The application shall be filed with the Clerk of the Supreme Court, if the trial court is the district court, or with the clerk of the district court, if the trial court is the county court, within such time as may be ordered by the trial court, which in fixing such time shall take into consideration the length of time required to prepare the bill of exceptions, and shall also consider whether the defendant is in jail or whether he or she is on bail, but in no event shall more than thirty days be given in which to file such application.
Notes of Decisions
Cited in
6
cases, 1987–2016 · leading case:
State v. Hood, 884 N.W.2d 696 (Neb. 2016).
State v. Hood, 884 N.W.2d 696 (Neb. 2016).
· cites it 3× “The Nebraska Court of Appeals dismissed the State’s appeal, finding that § 29-825 required the State to file the bill of exceptions within 30 days of filing the notice of intent to appeal and that the State’s failure to do so deprived the court of appellate jurisdiction.”
State v. Bailey, 402 N.W.2d 319 (Neb. 1987).
· cites it 2× “Neb. Rev. Stat. § 29-825 (Reissue 1985) provides in part: The application shall be filed with the Clerk of the Supreme Court within such time as may be ordered by the district court, which in fixing such time shall take into consideration the length of time required to prepare…”
State v. Ruiz-Medina, 597 N.W.2d 403 (Neb. Ct. App. 1999).
· cites it 8× “Neb. Rev. Stat. § 29-825 (Cum. Supp. 1998) outlines the application process in this court.”
State v. Hood, 869 N.W.2d 383 (Neb. Ct. App. 2015).
· cites it 12× “Neb. Rev. Stat. § 29-825 (Reissue 2008) outlines the proc ess for filing with the appellate court an application of review of an order granting a motion to suppress.”
State v. Goreham, 418 N.W.2d 234 (Neb. 1988).
· cites it 5× “Section 29-825 provides in part: The application shall be filed with the Clerk of the Supreme Court within such time as may be ordered by the district court, which in fixing such time shall take into consideration the length of time required to prepare the necessary transcript,…”
State v. McArthur, 685 N.W.2d 733 (Neb. Ct. App. 2004).
· cites it 2× “Section 29-825 provides in part: The application for review provided in section 29-824 shall be accompanied by a copy of the order of the trial court granting the motion to suppress and a bill of exceptions containing all of the evidence, including affidavits, considered by the…”
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