Volume 239 — Nebraska Reports

Convictions: Criminal Attempt. To sustain a conviction for the offense of criminal attempt in violation of Neb. Rev. Stat. § <cross_reference>28-201</cross_reference>(1)(a) or (b) (Reissue 1989), evidence must establish beyond a reasonable doubt that the defendant intentionally engaged in conduct which (1) would constitute a particular crime, if the attendant circumstances were as the defendant believes such circumstances to be, or (2) under the circumstances as the defendant believes such circumstances to be constitutes a substantial step in a course of conduct intended to culminate in the defendant's commission of the crime.

Intercepted Communications. In order for an oral communication to be protected under the Nebraska intercepted communication statutes, the person making the statement must have a subjective expectation of privacy which is objectively reasonable under the circumstances.