Nebraska Statutes 28-414.07. Controlled substances; chemical analysis; admissible as evidencein preliminary hearing
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Whenever matter is submitted to the criminalistics laboratory of the Nebraska State Patrol for chemical analysis to determine if the matter is, or contains, a controlled substance, the report of that analysis shall be admissible in any preliminary hearing in any court in Nebraska as prima facie evidence of the identity, nature, and quantity of the matter analyzed. Nothing in this section is intended to require the use of a laboratory report in a preliminary hearing or to prohibit the use of other evidence, including circumstantial evidence, in the preliminary hearing to establish the identity, nature, and quantity of a controlled substance.
Source
- Laws 1976, LB 487, § 1;
- R.R.S.1943, § 28-4,135.01, (1975);
- Laws 1984, LB 403, § 3;
- R.S.1943, (2008), § 28-1439;
- Laws 2014, LB811, § 13.
Terms Used In Nebraska Statutes 28-414.07
- Circumstantial evidence: All evidence except eyewitness testimony.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801