reglab/housing_qa huggingface dataset:
NE Code § 29-1816.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1816.01 - Arraignment of accused; record of proceedings; filing; evidence.

29-1816.01.  Arraignment of accused; record of proceedings; filing; evidence.On the arraignment in the district court of any person accused of a felony, the court may require the official reporter of the court to make a record of the proceedings in such court incident to such arraignment and the disposition of the charge made against the accused including sentence in the event of conviction. The court may further require the court reporter to prepare a transcript of the report of such proceedings, authenticate the transcript with an appropriate certificate to be attached thereto, and cause the same to be filed in the office of the clerk of the court. Such transcript shall be kept in a special file and not removed from the office of the clerk of the district court, except on an order of a judge of the court expressly authorizing removal. In the event that the transcript is so made, authenticated and filed, it, or a duly certified copy thereof, shall become and be competent and lawful evidence and admissible as such in any of the courts of this state.Source   Laws 1947, c. 103, § 1(2), p. 292;  Laws 2018, LB193, § 56.
NE Code § 29-1818 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1818 - Plea in bar or abatement; verification by accused required.

29-1818.  Plea in bar or abatement; verification by accused required.No plea in bar or abatement shall be received by the court unless it be in writing, signed by the accused, and sworn to before some competent officer.Source   G.S.1873, c. 58, § 450, p. 823;   R.S.1913, § 9094;   C.S.1922, § 10119;   C.S.1929, § 29-1817;   R.S.1943, § 29-1818. Annotations Plea in bar must be sworn to by accused as prerequisite to validity. Schrum v. State, 108 Neb. 186, 187 N.W. 801 (1922).
NE Code § 29-1819 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1819 - Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect.

29-1819.  Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect.If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead guilty, not guilty, or nolo contendere; but if he pleads evasively or stands mute, he shall be taken to have pleaded not guilty.Source   G.S.1873, c. 58, § 451, p. 823;   R.S.1913, § 9095;   C.S.1922, § 10120;   C.S.1929, § 29-1818;   R.S.1943, § 29-1819;   Laws 1953, c. 92, § 1, p. 264.  Annotations  A plea of nolo contendere entered on advice of counsel when defendant failed to supply counsel with all information that might have been relevant to his defense may not be withdrawn when the record shows that it was entered knowingly, understandingly, and voluntarily. State v. Hurley, 207 Neb. 321, 299 N.W.2d 152 (1980). The effect of a plea of nolo contendere is the same as a plea of guilty. State v. Neuman, 175 Neb. 832, 125 N.W.2d 5 (1963); State v. Hylton, 175 Neb. 828, 124 N.W.2d 230 (1963). Judgment of conviction of a felony, rendered upon plea of nolo contendere, is conclusive in disbarment proceeding. State ex rel. Nebraska State Bar Assn. v. Stanosheck, 167 Neb. 192, 92 N.W.2d 194 (1958). Plea entered by court may be withdrawn by defendant. Huette v. State, 87 Neb. 798, 128 N.W. 519 (1910). Plea of "not guilty," entered by court under this section, binds defendant. Trimble v. State, 61 Neb. 604, 85 N.W. 844 (1901).
NE Code § 29-1819.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1819.01 - Plea of nolo contendere; acceptance by court; when.

29-1819.01.  Plea of nolo contendere; acceptance by court; when.The accused may, at any time before conviction, enter a plea of nolo contendere with the consent of the court. The court may refuse to accept the plea, and shall not accept the plea without first determining that the plea is made voluntarily with an understanding of the nature of the charge.Source  Laws 1953, c. 92, § 2, p. 264.
NE Code § 29-1819.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1819.03 - Plea of guilty or nolo contendere; legislative findings and intent.

29-1819.03.  Plea of guilty or nolo contendere; legislative findings and intent.The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States and who is charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for removal from the United States, or denial of naturalization pursuant to the laws of the United States. Therefor, it is the intent of the Legislature in enacting this section and section 29-1819.02 to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the Legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of removal from the United States, or denial of naturalization as a result of conviction. It is further the intent of the Legislature that at the time of the plea no defendant shall be required to disclose his or her legal status to the court.Source Laws 2002, LB 82, § 14.
NE Code § 29-1820 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1820 - Plea of guilty; record; accused; custody.

29-1820.  Plea of guilty; record; accused; custody.If the accused pleads guilty the plea shall be recorded on the indictment, and the accused may be placed in the custody of the sheriff until sentence.Source   G.S.1873, c. 58, § 452, p. 823;   R.S.1913, § 9096;   C.S.1922, § 10121;   C.S.1929, § 29-1819;   R.S.1943, § 29-1820;   Laws 1963, c. 162, § 1, p. 575.  Annotations  Requirement of entry of plea on back of indictment or information is directory and not mandatory. Jurgenson v. State, 166 Neb. 111, 88 N.W.2d 129 (1958). Plea of guilty is equivalent to finding of guilty and will sustain such an order. Leiby v. State, 79 Neb. 485, 113 N.W. 125 (1907). Plea of guilty, entered by defendant, is evidence against him in subsequent action to which he is party involving same subject matter. Wisnieski v. Vanek, 5 Neb. Unof. 512, 99 N.W. 258 (1904).
NE Code § 29-1821 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1821 - Plea of not guilty; record; day of trial; designation; continuance; when.

29-1821.  Plea of not guilty; record; day of trial; designation; continuance; when.If the accused pleads not guilty, the plea shall be entered on the indictment, and the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of the term at which the plea is made, unless the court, for good reasons, continues the case to a subsequent term.Source   G.S.1873, c. 58, § 453, p. 823;   R.S.1913, § 9097;   C.S.1922, § 10122;   C.S.1929, § 29-1820;   R.S.1943, § 29-1821. Annotations  Date for trial was properly designated. Kitts v. State, 153 Neb. 784, 46 N.W.2d 158 (1951). Failure to endorse plea on indictment is not ground for reversal. Preuit v. People, 5 Neb. 377 (1877).
NE Code § 29-1822 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1822 - Mental incompetency of accused after crime commission; effect; death penalty; stay of execution.

29-1822.  Mental incompetency of accused after crime commission; effect; death penalty; stay of execution.(1) A person who becomes mentally incompetent after the commission of an offense shall not be tried for the offense until such disability is removed as provided in section 29-1823.(2) If, after a verdict of guilty, but before judgment is pronounced, a defendant becomes mentally incompetent, then no judgment shall be given until such disability is removed.(3) If a defendant is sentenced to death and, after judgment, but before execution of the sentence, such person becomes mentally incompetent, execution of the sentence shall be stayed until such disability is removed.Source   G.S.1873, c. 58, § 454, p. 823;   R.S.1913, § 9098;   C.S.1922, § 10123;   C.S.1929, § 29-1821;   R.S.1943, § 29-1822;   Laws 1986, LB 1177, § 7;  Laws 2015, LB268, § 13;   Referendum 2016, No. 426;  Laws 2020, LB881, § 17.  Annotations  District court has discretion to hold hearing voluntarily on mental competency of defendant to undergo sentence. State v. Saxon, 187 Neb. 338, 190 N.W.2d 854 (1971). Insanity as a bar to the imposition of sentence presents a factual issue for the determination of the court. State v. Anderson, 186 Neb. 435, 183 N.W.2d 766 (1971). Insanity as bar to imposition of sentence cannot be raised by habeas corpus. Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138 (1952). This section imposes a duty on but does not go to the jurisdiction of the court. Sedlacek v. Greenholtz, 152 Neb. 386, 41 N.W.2d 154 (1950). One who has become insane after the commission of a crime ought not to be tried for the offense during the continuance of the disability. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935). Where insanity has not originated after commission of act, there is no requirement of trial of question of insanity. Walker v. State, 46 Neb. 25, 64 N.W. 357 (1895).
NE Code § 29-1824 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1824 - Competency restoration treatment; network of contract facilities and providers; department; powers.

29-1824.  Competency restoration treatment; network of contract facilities and providers; department; powers.The Department of Health and Human Services may establish a network of contract facilities and providers to provide competency restoration treatment pursuant to alternative treatment plans under section 29-1823. The department may create criteria for participation in such network and establish training in competency restoration treatment for participating contract facilities and providers.Source Laws 2020, LB881, § 19.
NE Code § 29-1825 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1825 - Transferred to section 23-3405.

29-1825.  Transferred to section 23-3405.
NE Code § 29-1826 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1826 - Transferred to section 23-3406.

29-1826.  Transferred to section 23-3406.
NE Code § 29-1827 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1827 - Transferred to section 23-3407.

29-1827.  Transferred to section 23-3407.
NE Code § 29-1828 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1828 - Transferred to section 23-3408.

29-1828.  Transferred to section 23-3408.
NE Code § 29-1901 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1901 - Subpoenas in traffic and criminal cases; provisions applicable.

29-1901.  Subpoenas in traffic and criminal cases; provisions applicable.(1) The statutes governing subpoenas in civil actions and proceedings shall also govern subpoenas in traffic and criminal cases, except that subsections (1), (3), and (4) of section 25-1228 shall not apply to those cases. The payment of compensation and mileage to witnesses in those cases shall be governed by section 29-1903.(2) A trial subpoena in a traffic and criminal case shall contain the statement specified in subsection (5) of section 25-1223.Source   G.S.1873, c. 58, § 459, p. 824;   R.S.1913, § 9099;   C.S.1922, § 10124;   C.S.1929, § 29-1901;   R.S.1943, § 29-1901;   Laws 1990, LB 87, § 3;   Laws 1992, LB 435, § 1;   Laws 1992, LB 1059, § 23;  Laws 2017, LB509, § 5.  Annotations Witness in criminal case cannot justify failure to obey subpoena on ground that he had demanded his fees and they were not paid. Huckins v. State, 61 Neb. 871, 86 N.W. 485 (1901).
NE Code § 29-1902 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1902 - Return of subpoenas.

29-1902.  Return of subpoenas.If the subpoena be served by such special deputy, it shall be his duty, after serving the same, to return thereon the manner in which the same was served; and also to make oath or affirmation to the truth of such return, before some person competent to administer oaths, which shall be endorsed on such writ; and the same shall be returned according to the command thereof by the person serving the same through the post office or otherwise.Source   G.S.1873, c. 58, § 460, p. 824;   R.S.1913, § 9100;   C.S.1922, § 10125;   C.S.1929, § 29-1902;   R.S.1943, § 29-1902.
NE Code § 29-1903 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1903 - Traffic, criminal, and juvenile cases; witness fees and mileage.

29-1903.  Traffic, criminal, and juvenile cases; witness fees and mileage.(1) The amount of the witness fee and mileage in traffic, criminal, and juvenile cases is governed by section 33-139.(2) A witness in a traffic, criminal, or juvenile case shall be entitled to a witness fee and mileage after appearing in court in response to a subpoena. The clerk of the court shall immediately submit a claim for payment of witness fees and mileage on behalf of all such witnesses to the county clerk in cases involving a violation of state law or to the city clerk in cases involving a violation of a city ordinance. All witness fees and mileage paid by a defendant as part of the court costs ordered by the court to be paid shall be reimbursed to the county or city treasurer as appropriate.(3) Any person accused of crime amounting to a misdemeanor or felony shall have compulsory process to enforce the attendance of witnesses in his or her behalf.Source   G.S.1873, c. 58, § 461, p. 825;   Laws 1885, c. 106, § 1, p. 394;   R.S.1913, § 9101;   C.S.1922, § 10126;   C.S.1929, § 29-1903;   R.S.1943, § 29-1903;   Laws 1981, LB 204, § 40;  Laws 2017, LB509, § 6.  Annotations  Defendant may not be arbitrarily deprived of testimony that would have been relevant, material, and vital to the defense. State v. Cain, 223 Neb. 796, 393 N.W.2d 727 (1986). Court may require showing of what testimony may be expected of prospective witness before entry of order for compulsory process. O'Rourke v. State, 166 Neb. 866, 90 N.W.2d 820 (1958). Where testimony of witness was incompetent, failure to serve compulsory process was not prejudicial. Garcia v. State, 159 Neb. 571, 68 N.W.2d 151 (1955). Liability of county arises only by express provisions of statute. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901).
NE Code § 29-1904 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1904 - Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney.

29-1904.  Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney.Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.Source   G.S.1873, c. 58, § 462, p. 825;   R.S.1913, § 9102;   C.S.1922, § 10127;   C.S.1929, § 29-1904;   R.S.1943, § 29-1904. Cross References  Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, see section 29-1911.Annotations  This section does not provide for the taking of depositions at county expense in advance of the trial. State v. Kuehn, 273 Neb. 219, 728 N.W.2d 589 (2007). It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962). Taking of depositions at county expense in advance of trial is not authorized. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954). Defendant was entitled to continuance to take deposition out of the state where timely application was made. Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (1947). On admission by state that proposed witness would testify as stated in affidavit, court may refuse continuance. Fanton v. State, 50 Neb. 351, 69 N.W. 953 (1897); Burris v. Court, 48 Neb. 179, 66 N.W. 1131 (1896). Correctness of ruling in suppressing deposition, not excepted to, cannot be questioned on error. Clough v. State, 7 Neb. 320 (1878).
NE Code § 29-1905 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1905 - Depositions; how taken.

29-1905.  Depositions; how taken.The proceedings in taking the examination of such witness and returning it to court shall be governed in all respects as the taking of depositions in all civil cases.Source   G.S.1873, c. 58, § 463, p. 825;   R.S.1913, § 9103;   C.S.1922, § 10128;   C.S.1929, § 29-1905;   R.S.1943, § 29-1905. Annotations It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).
NE Code § 29-1906 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1906 - Terms, defined.

29-1906.  Terms, defined.(1) The word witness as used in sections 29-1906 to 29-1911 shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; (2) the word state shall include any territory of the United States and the District of Columbia; (3) the word summons shall include a subpoena, order or other notice requiring the appearance of a witness.Source   Laws 1937, c. 71, § 1, p. 257;   C.S.Supp.,1941, § 29-1906;   R.S.1943, § 29-1906.
NE Code § 29-1908 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1908 - Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment.

29-1908.  Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment.If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in this state he or she shall be tendered an amount equal to the rate authorized in section 81-1176 for mileage for state employees for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.Source   Laws 1937, c. 71, § 3, p. 259;   C.S.Supp.,1941, § 29-1908;   R.S.1943, § 29-1908;   Laws 1981, LB 204, § 42.  Cross References  Witness committed to jail, see section 29-508.02.Annotations Attendance of witness from without state cannot be compelled at expense of county. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954).
NE Code § 29-1909 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1909 - Witness from another state; not subject to arrest or civil process while in this state.

29-1909.  Witness from another state; not subject to arrest or civil process while in this state.If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest for the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.Source   Laws 1937, c. 71, § 4, p. 259;   C.S.Supp.,1941, § 29-1909;   R.S.1943, § 29-1909.
NE Code § 29-1910 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1910 - Sections, how construed.

29-1910.  Sections, how construed.Sections 29-1906 to 29-1911 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them. They shall be construed as supplemental to and cumulative with section 29-1904.Source   Laws 1937, c. 71, § 5, p. 260;   C.S.Supp.,1941, § 29-1910;   R.S.1943, § 29-1910.
NE Code § 29-1911 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1911 - Act, how cited.

29-1911.  Act, how cited.Sections 29-1906 to 29-1911 may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.Source   Laws 1937, c. 71, § 6, p. 260;   C.S.Supp.,1941, § 29-1911;   R.S.1943, § 29-1911.
NE Code § 29-1914 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1914 - Discovery order; limitation.

29-1914.  Discovery order; limitation.Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913, it shall be limited to items or information that:(1) Directly relate to the investigation of the underlying charge or charges in the case;(2) Are within the possession, custody, or control of the state or local subdivisions of government; and(3) Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.Source   Laws 1969, c. 235, § 3, p. 869;  Laws 2019, LB496, § 5.  Annotations In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).