State v. Hurbenca

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing rationale for excepting prior convictions from general rule that facts which increase punishment must be submitted to jury and proved beyond reasonable doubt
• finding in habitual offender sentencing, prior convictions need not go to jury
• Nebraska Constitution does not require more than Eighth Amendment to U.S. Constitution with reference to cruel and unusual punishment
• fact of prior convictions did not have to be determined by jury for purposes of habitual criminal sentencing; prior convictions must be proven by preponderance of evidence
• fact of prior convictions did not have to be determined by jury for purposes of habitual criminal sentencing; prior convictions must be proven by preponderance of evidence
• in light of Apprendi, fact of prior conviction need only be found by trial court based on prepon derance of the eviden ce

Source: CourtListener parenthetical corpus (CC0).