Legal Opinion

State v. Birge

Nebraska Supreme Court

Decided February 1, 2002No. S-00-984, S-00-1029PublishedCited by 14 opinions

1Opinion of the CourtMiller-Lerman, J.

NATURE OF CASE

These consolidated cases on further review from the Nebraska Court of Appeals involve a violation of a plea agreement by the State and the availability of relief therefrom by a criminal defendant. Pursuant to a plea agreement in which the State agreed to remain silent at sentencing, Patrick C. Birge pled no contest in the district court for Douglas County to unlawful possession with intent to deliver cocaine in case No. S-00-984, to burglary in case No. S-00-1029, and to habitual criminal charges in both cases.

At sentencing, the State asked the district court “to consider the…

2Cases cited3 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. State v. ShepherdNebraska Supreme Court · 1990
  3. State v. KinneyNebraska Supreme Court · 2001

3Cited by14 opinions

  1. State v. BearseSupreme Court of Iowa · 2008
  2. State of Iowa v. Richard Warren FannonSupreme Court of Iowa · 2011
  3. State v. Gonzalez-FaguagaNebraska Supreme Court · 2003
  4. State v. MarchNebraska Supreme Court · 2003
  5. State v. AlbaNebraska Court of Appeals · 2005

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