Public-domain · open source
OpenJurist

263 Neb. 331

640 N.W.2d 24

State v. Harris

Nebraska Supreme Court

Decided March 8, 2002

Nebraska Supreme Court · decided 2002-03-08

Applies NE 29 § 29-1915

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-08

How this case has been cited

Cited by 52 later decisions — most recently February 2026 · most notably State v. Robinson (2006), State v. Robinson (2006)

52 state decisions

380200220102020decided

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.

View the full empirical analysis of this case →

Connolly, J.,

¶1concurring.

¶2I agree with the majority opinion. I write separately to note that any argument between the prosecution and defense regarding whether Harris was provided with a police report during discovery could have easily been prevented. As the opinion notes, the district court was confronted with a “he said, she *344said” scenario. Although the prosecutor stated that the police report had been provided to the defense, Harris’ attorney maintained that it had not been received. If the prosecutor had obtained a receipt showing items that were provided to defense counsel, the problem would not have arisen. At the very least, a cover letter sent to defense counsel memorializing items provided could have helped prevent the situation from arising. The prosecutor, by documenting the information provided to defense counsel, can verify that the items were actually delivered and can prevent later issues arising regarding whether the prosecution acted properly during discovery.

¶3Under Neb. Rev. Stat. § 29-1915 (Reissue 1995), the trial court, after granting a discovery order, has some latitude in prescribing the manner, terms, and conditions of the order. The trial court, when issuing an order, should set out the manner in which compliance with the order can be verified. Such an order would impose no hardship on anyone and would eliminate any “swearing matches” between the parties regarding compliance.

/263/neb/331 · .json · Public domain