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Legal Opinion

Opinion No. (1978)

Nebraska Attorney General Reports

Decided July 25, 1978Published

1Opinion of the Court

REQUESTED BY: Reed Clark, Hitchcock County Attorney, Courthouse, Trenton, Nebraska 69044. 1. Can a minor be found guilty of minor in possession, section 53-180.02, R.R.S. 1943, based solely on the presence of alcohol in the body fluids?

2. What are the limits of a county attorney's discretion in reaching a plea bargain in a given case?

1. No.

2. There are no direct limits, only indirect limits concerning the validity of guilty pleas resulting from improper plea bargaining.

This letter is in response to your request for two opinions from this office. Your first inquiry is whether a minor can be…

2Cases cited9 opinions

  1. State v. One 1970 2-Door Sedan Rambler (Gremlin)Nebraska Supreme Court · 1974
  2. Varga v. RosenbergDistrict Court, S.D. California · 1964
  3. McMartin Industries, Inc. v. Richard P. Vinal, District Director of Internal Revenue, and United States of America, Intervenor-AppellantCourt of Appeals for the Eighth Circuit · 1971
  4. Nethercutt v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  5. State v. ReedNebraska Supreme Court · 1972

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