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← 231 Neb. 495 - State v. Cox

State v. Cox’s Empirical Analysis

1989

Citation profile

84
cited by 84 later decisions
1
states following
September 2006
most recently cited

84 state decisions

How this case has been cited

Cited by 84 later decisions — most recently September 2006 · most notably State v. Coleman (1992), State v. Boppre (1990)

84 state decisions

720198919902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Copple · State v. Archbold · State v. Olsan · State v. Watkins · State v. Roggenkamp

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “When a court overrules a motion in limine to exclude evidence, the movant must object when the particular evidence, previously sought to be excluded by the motion, is offered during trial and cannot predicate error on the admission of evidence to which no objection was made when the evidence was adduced.”
    3 later decisions quote this exact passage
  2. “Furthermore, counsel phrased the objection in the broadest possible terms, “any testimony of statements by any witness . . . not present in court.” Given the all-inclusive nature and universality of counsel’s objection, the district court had no choice but to overrule the objection. Under the Nebraska Evidence Rules, the hearsay rule does not require exclusion of all out-of-court or extrajudicial statements. See Neb. Evid. R. 803, Neb. Rev. Stat. § 27-803 (Reissue 1985). An extrajudicial statement must be examined to determine whether (1) it is hearsay defined by Neb. Evid. R. 801, Neb. Rev. Stat. § 27-801 (Reissue 1985), and (2) if hearsay, whether any exception to the hearsay rule authorizes admission of the statement into evidence. See, Neb. Evid. R. 803; Neb. Evid. R. 804, Neb. Rev. Stat. § 27-804 (Reissue 1985). To afford a trial court a fair opportunity to examine an out-of-court or extrajudicial statement in the light of the Nebraska Evidence Rules, counsel must direct a hearsay objection to the statement to be excluded pursuant to the objection. Failure to direct a hearsay objection to a particular extrajudicial statement, offered as evidence, may result in a waiver of the right on appeal to assert prejudicial error. See, State v. Roggenkamp[, 224 Neb. 914 , 402 N.W.2d 682 (1987)]; State v. Archbold[, 217 Neb. 345 , 350 N.W.2d 500 (1984)].”
    1 later decision quote this exact passage
  3. “In a jury trial of a criminal case, whether an error in admitting or excluding evidence reaches a constitutional dimension or not, an erroneous evidential ruling results in prejudice to a defendant unless the State demonstrates that the error was harmless beyond a reasonable doubt.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.