State v. White, S–11–515.

Decision Date24 May 2013
Docket NumberNo. S–11–515.,S–11–515.
Citation285 Neb. 951,830 N.W.2d 215
PartiesSTATE of Nebraska, Appellee, v. Darrell E. WHITE, Appellant.
CourtNebraska Supreme Court

OPINION TEXT STARTS HERE

Petition for further review from the Court of Appeals, Inbody, Chief Judge, and Irwin and Sievers, Judges, on appeal thereto from the District Court for Sarpy County, Max Kelch, Judge. Judgment of Court of Appeals affirmed.

Patrick J. Boylan, Chief Deputy Sarpy County Public Defender, and Mandy M. Gruhlkey for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER–LERMAN, JJ.

PER CURIAM.

Having reviewed the briefs and record and having heard oral arguments, we conclude on further review that the decision of the Nebraska Court of Appeals in State v. White, 20 Neb.App. 116, 819 N.W.2d 473 (2012), is correct. Accordingly, we affirm the decision of the Court of Appeals, which reversed the judgment of the district court and remanded the cause for a new trial.

Affirmed.

CASSEL, J., not participating.

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1 cases
  • Ellis v. Houston
    • United States
    • U.S. District Court — District of Nebraska
    • November 21, 2013
    ...post-conviction relief in the state district court. Petitioner argues that the Nebraska Supreme Court's recent decision in State v. White, 830 N.W.2d 215 (Neb. 2013), impacts the constitutionality of his criminal conviction because the decision "substantially [broadened] the scope of a citi......

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