Legal Opinion
Garza v. Kenney
Nebraska Supreme Court
Decided June 21, 2002No. S-01-412PublishedCited by 4 opinions
1Opinion of the CourtStephan, J.
Robert L. Garza filed a petition for writ of habeas corpus alleging that his conviction for kidnapping was void because a material element of the crime was neither charged in the information nor determined by the jury, thus depriving the trial court of jurisdiction to impose his sentence. The district court for Lancaster County sustained the State’s motion to quash and dismissed Garza’s petition for failure to state a claim for habeas corpus. Garza perfected this timely appeal.
FACTS
On April 7, 1983, the State filed an information charging Garza with, inter alia, kidnapping, in violation of…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Case v. NebraskaSupreme Court of the United States · 1965
- State v. BecerraNebraska Supreme Court · 1998
- Tail v. OlsonNebraska Supreme Court · 1944
- Flora Ex Rel. Flora v. EscuderoNebraska Supreme Court · 1995
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3Cited by4 opinions
- State v. MataNebraska Supreme Court · 2003
- Dugan v. StateNebraska Supreme Court · 2017
- Garza v. Kenney, WardenSupreme Court of the United States · 2003
- State v. WhitcombNebraska Court of Appeals · 2018