Criminal Appeal Brief - Nebraska
CRIMINAL APPEAL BRIEF
IN THE [NEBRASKA COURT OF APPEALS / NEBRASKA SUPREME COURT]
Case No. [________]
STATE OF NEBRASKA,
[Appellee / Appellant],
v.
[DEFENDANT FULL NAME],
[Appellant / Appellee].
APPEAL FROM THE DISTRICT COURT OF [________________] COUNTY
CASE NO. [________________]
HONORABLE [JUDGE NAME], JUDGE
BRIEF OF [APPELLANT / APPELLEE]
Submitted by:
[ATTORNEY NAME], NSBA No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Nebraska [ZIP]
Telephone: [________________]
Email: [________________]
Attorney for [APPELLANT / APPELLEE]
TABLE OF CONTENTS
| Section | Page |
|---|---|
| Table of Authorities | [__] |
| Jurisdictional Statement | [__] |
| Assignments of Error and Related Issues | [__] |
| Statement of the Case | [__] |
| Propositions of Law | [__] |
| Statement of Facts | [__] |
| Argument | [__] |
| Conclusion | [__] |
| Certificate of Service | [__] |
TABLE OF AUTHORITIES
Cases
| Case | Page(s) |
|---|---|
| [________________________________] | [__] |
| [________________________________] | [__] |
| [________________________________] | [__] |
Statutes
| Authority | Page(s) |
|---|---|
| Neb. Rev. Stat. § [________] | [__] |
| [________________________________] | [__] |
Constitutional Provisions
| Authority | Page(s) |
|---|---|
| Neb. Const. art. [__], § [__] | [__] |
| U.S. Const. amend. [__] | [__] |
JURISDICTIONAL STATEMENT
Jurisdiction rests on [statute, rule, or decision conferring appellate jurisdiction]. The order or judgment appealed from was entered on [DATE] and is appealable because [explain]. Any postjudgment motion claimed to affect the appeal period was filed on [DATE], decided on [DATE], and notice of appeal was filed on [DATE]. The docket fee was paid or leave to proceed in forma pauperis was granted on [DATE].
ASSIGNMENTS OF ERROR AND RELATED ISSUES
1. The trial court erred by [SPECIFIC ERROR]. Related issue: [________________________________].
2. The trial court erred by [SPECIFIC ERROR]. Related issue: [________________________________].
3. The trial court erred by [SPECIFIC ERROR]. Related issue: [________________________________].
STATEMENT OF THE CASE
On [DATE], the defendant, [DEFENDANT NAME], was charged by [information / indictment] with [OFFENSE(S)] in violation of Neb. Rev. Stat. § [SECTION] in the District Court of [COUNTY] County. (T. [__])
On [DATE], the defendant entered a plea of [not guilty / guilty / no contest]. (T. [__])
Trial was held on [DATE(S)] before [a jury / the court]. (B.E. [__])
On [DATE], [the jury returned a verdict of / the court found the defendant] [guilty / not guilty] of [CHARGE(S)]. (B.E. [__])
On [DATE], the court sentenced the defendant to [SENTENCE]. (T. [__])
A notice of appeal was timely filed on [DATE]. (T. [__])
PROPOSITIONS OF LAW
Proposition 1: [________________________________]
Authority: [________________________________]
Proposition 2: [________________________________]
Authority: [________________________________]
STATEMENT OF FACTS
[________________________________]
ARGUMENT
I. [ISSUE HEADING]
Standard of Review
[________________________________]
Argument
[________________________________]
II. [ISSUE HEADING]
Standard of Review
[________________________________]
Argument
[________________________________]
III. [ISSUE HEADING]
Standard of Review
[________________________________]
Argument
[________________________________]
CONCLUSION
WHEREFORE, [Appellant] respectfully requests that this Court:
☐ Reverse the conviction and remand for a new trial
☐ Reverse the conviction and dismiss the charges
☐ Vacate the sentence and remand for resentencing
☐ [Other specific relief: ________________________________]
Respectfully submitted,
___________________________________________
[ATTORNEY NAME], NSBA No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Nebraska [ZIP]
Telephone: [________________]
Email: [________________]
Attorney for [APPELLANT / APPELLEE]
Date: [__/__/____]
CERTIFICATE OF SERVICE
I hereby certify that on [DATE], a true and correct copy of the foregoing Brief of [Appellant / Appellee] was served upon the following by [electronic filing / U.S. Mail]:
[OPPOSING COUNSEL NAME]
[OFFICE / FIRM]
[ADDRESS]
[CITY], Nebraska [ZIP]
___________________________________________
[ATTORNEY NAME]
NEBRASKA-SPECIFIC NOTES
- Appellate Courts: Appeals generally go to the Court of Appeals. Capital cases, cases with a life-imprisonment sentence, and cases involving the constitutionality of a statute go directly to the Supreme Court under Neb. Rev. Stat. § 24-1106(1). Other appeals may reach the Supreme Court through a granted bypass petition or removal under § 24-1106(2)-(3).
- Time to Appeal: Notice of appeal within 30 days of the entry of a final order. Neb. Rev. Stat. § 25-1912.
- Bill of Exceptions: The trial record is called the "bill of exceptions" in Nebraska. Must be filed within 30 days of filing the notice of appeal (or as extended). Neb. Ct. R. App. P. § 2-105.
- Word Limit: 15,000 words, including cover page, TOC, and table of authorities. Neb. Ct. R. App. P. § 2-103.
- Briefing Deadlines: Appellee's brief due 30 days after appellant files; reply brief due 10 days after appellee files. Additional 3 days if service by mail. § 2-109.
- Confidentiality: Briefs must not contain confidential material. § 2-109.
- Propositions of Law: Nebraska briefs traditionally include "propositions of law" supporting each assigned error.
- Plain Error: The appellate court may review plain error not raised below. State v. Filholm, 287 Neb. 763 (2014).
About this template
- Last updated
- October 11, 2026
- Jurisdiction
- Nebraska
- Category
- Criminal Law
Legal authority
- Neb. Ct. R. App. P. § 2-109 (Briefs)
- Neb. Ct. R. App. P. § 2-103 (General Formatting and Service Rules)
- Neb. Ct. R. App. P. § 2-101 (Supreme Court — Jurisdiction)
- Neb. Ct. R. App. P. § 2-102 (Court of Appeals)
- Neb. Rev. Stat. § 29-2315 et seq. (Criminal Appeals)
- Neb. Rev. Stat. § 24-1106 (Appellate Jurisdiction and Direct Review)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Neb. Ct. R. App. P. § 2-109(D)(1)(c) (checked October 11, 2026): "A statement of the basis of jurisdiction of the appellate court. The jurisdictional statement must identify the statute, court rule, or case law believed to confer jurisdiction on the Supreme Court or Court of Appeals, state relevant facts establishing why the judgment or order sought to be reviewed is an appealable order"
Neb. Ct. R. App. P. § 2-109(D)(1)(e) (checked October 11, 2026): "A separate, concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error. Each assignment of error shall be separately numbered and paragraphed. Consideration of the case will be limited to errors assigned and discussed in the brief."
Neb. Rev. Stat. § 24-1106(1) (checked October 11, 2026): "the appeal, if taken, shall be to the Court of Appeals except in capital cases, cases in which life imprisonment has been imposed, and cases involving the constitutionality of a statute."
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