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

TABLE OF AUTHORITIES

Cases

Statutes

Constitutional Provisions

STATEMENT OF ISSUES

1. [________________________________]

2. [________________________________]

3. [________________________________]

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: Cases are initially filed in the Court of Appeals, but the Supreme Court may retain jurisdiction. Neb. Rev. Stat. § 24-1106.
• 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).