Nebraska State Constitution Article I-23

Article I-23

I-23.

Capital cases; right of direct appeal; effect; other cases; right of appeal.

In all capital cases, appeal directly to the Supreme Court shall be as a matter of right and shall operate as a supersedeas to stay the execution of the sentence of death until further order of the Supreme Court. In all other cases, criminal or civil, an aggrieved party shall be entitled to one appeal to the appellate court created pursuant to Article V, section 1, of this Constitution or to the Supreme Court as may be provided by law.

Source

  • Neb. Const. art I, sec. 23 (1875);
  • Amended 1972, Laws 1972, LB 196, sec. 1;
  • Amended 1990, Laws 1990, LR 8, sec. 1.

Annotations


1. Right of review


2. Regulation of exercise of right


3. Miscellaneous


1. Right of review

Right to be heard on question of changes in boundaries of school district by error proceedings could not be denied. Languis v. De Boer, 181 Neb. 32, 146 N.W.2d 750 (1966).

Legislature cannot deprive courts of jurisdiction conferred on them by Constitution. Writ of prohibition is not abolished by statutory provisions. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Right of review of judgment rendered party at open public hearing is guaranteed by Constitution. State ex rel. Sorensen v. Nemaha County Bank of Auburn, 124 Neb. 883, 248 N.W. 650 (1933).

Right of review is to be held inviolate. State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).


2. Regulation of exercise of right

This section of the Nebraska Constitution does not bar either the Legislature or the Supreme Court from making reasonable rules and regulations governing review on appeal. Nebraska State Bank v. Dudley, 203 Neb. 226, 278 N.W.2d 334 (1979).

Requirement for furnishing of appeal bond in probate matter did not deprive party of right to be heard in court of last resort. Rundall v. Whiteside, 182 Neb. 176, 153 N.W.2d 236 (1967).

Right to be heard in civil case in Supreme Court is dependent upon its exercise in strict conformity to law. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965).

This section does not prohibit the Legislature from prescribing reasonable rules for review of cause on appeal. Barney v. Platte Valley Public Power & Irr. Dist., 144 Neb. 230, 13 N.W.2d 120 (1944).

Constitutional provision does not prohibit Legislature from prescribing reasonable rules and regulations for the review of a cause by appeal. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936).

Legislature may prescribe reasonable rules and regulations for review of case on appeal. In re Estate of Mathews, 125 Neb. 737, 252 N.W. 210 (1933).

Section does not prevent Supreme Court from making reasonable rules to facilitate procedure, nor prohibit Legislature from taking away one method of review, provided another adequate one is left. Schmidt v. Boyle, 54 Neb. 387, 74 N.W. 964 (1898).

Legislature is not prohibited from prescribing reasonable regulations, such as requiring appellant to give bond. School Dist. No. 6 of Cass County v. Traver, 43 Neb. 524, 61 N.W. 720 (1895).


3. Miscellaneous

The writ of error is a writ of right in all cases of felony. State v. Longmore, 178 Neb. 509, 134 N.W.2d 66 (1965).

Judicial discretion should be exercised to promote rather than to defeat right of review. Keil v. Farmers' Irr. Dist., 119 Neb. 503, 229 N.W. 898 (1930).

Statute denying right of review in mortgage foreclosure suit, where defendant files request for stay, will be strictly construed. Theisen v. Peterson, 114 Neb. 154, 206 N.W. 768 (1925).

Court of equity will grant new trial where party is deprived of right of review because, without his fault, he was unable to obtain bill of exceptions or transcript. Ferber v. Leise, 97 Neb. 795, 151 N.W. 307 (1915); Zweibel v. Caldwell, 72 Neb. 47, 99 N.W. 843 (1904), motion for rehearing overruled 72 Neb. 53, 102 N.W. 84 (1905).

Section does not give absolute right to oral argument, but was intended in sense of review. Schmidt v. Boyle, 54 Neb. 387, 74 N.W. 964 (1898).