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233 Neb. 477

445 N.W.2d 914

State v. Johns

Nebraska Supreme Court

Decided September 22, 1989

Nebraska Supreme Court · decided 1989-09-22

Relies on Boykin v. Alabama · State v. Oliver

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-22

How this case has been cited

Cited by 25 later decisions — most recently January 2000 · most notably State v. White (1993), State v. Groves (1991)

25 state decisions

200198919902000decided

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.

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Shanahan, J.,

¶1dissenting.

¶2In State v. Oliver, 230 Neb. 864, 434 N.W.2d 293 (1989), I dissented and pointed up the deficiencies in Nebraska’s criminal procedure, which, under existing statutes and decisions of this court, does not allow a criminal defendant to challenge a prior plea-based conviction obtained in violation or denial of a right constitutionally guaranteed to the defendant, including the rights specifically mentioned in Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274 (1969), namely, the rights to trial by jury, to remain silent, and to confront accusers. A procedure which a state “deems necessary” to challenge a prior plea-based conviction may be vastly different from a procedure which comports with constitutional guarantees, a dramatically crucial difference which actually exists in Nebraska’s procedure to challenge the constitutional validity of a prior plea-based conviction. The absence of an adequate procedure for an effectual challenge to a prior plea-based conviction which is constitutionally invalid offends due process required by the Nebraska and U.S. Constitutions. Since there has been no change, through the Legislature or this court, after Oliverto provide a criminal defendant with a means to challenge a prior conviction unconstitutionally obtained, “there is no new thing under the sun, ” and, hence, with no new twist to Oliver, I renew my dissent to the denial of fundamental fairness and due process.

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