Legal Opinion

State v. Linn

Nebraska Supreme Court

Decided November 17, 1995No. S-94-290PublishedCited by 11 opinions

1Opinion of the CourtFahrnbruch, J.

Dixie A. Linn claims that the Hall County Court erred in sentencing her for driving under the influence of alcohol (DUI), third offense, because the State’s evidence was insufficient to prove an earlier DUI conviction.

Specifically, Linn’s sole contention is that one of the records of an alleged prior conviction offered by the State in support of sentence enhancement was insufficient for such purposes because it was not signed by a judge.

We agree with Linn; we vacate her sentence for third-offense DUI and remand the cause to the district court for. Hall County with direction to remand the…

2Cases cited10 opinions

  1. Garner v. LouisianaSupreme Court of the United States · 1961
  2. State v. ZiembaNebraska Supreme Court · 1984
  3. State v. DerryNebraska Supreme Court · 1995
  4. State v. NowickiNebraska Supreme Court · 1991
  5. State v. MarksNebraska Supreme Court · 1995

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. GalesNebraska Court of Appeals · 2005
  2. State v. ThomasNebraska Supreme Court · 2004
  3. State v. AlfordNebraska Supreme Court · 2009
  4. State v. HallNebraska Supreme Court · 2005
  5. State v. LeeNebraska Supreme Court · 1997

6 more not listed; retrieve them via the Exa API.

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