# State v. Chambers

> Nebraska Supreme Court · August 25, 1989 · 233 Neb. 235

URL: https://www.frixlaw.com/law-library/cases/9739019

## Case

- **Full name:** State of Nebraska, Appellee, v. Ernie W. Chambers, Appellant
- **Court:** Nebraska Supreme Court
- **Decided:** August 25, 1989
- **Citations:** 233 Neb. 235; 444 N.W.2d 667; 1989 Neb. LEXIS 359
- **Precedential status:** Published
- **Opinion:** Concurring in part by White
- **Judges:** Hastings, Boslaugh, White, Caporale, Shanahan, Grant, Fahrnbruch
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9739019

## Opinion text

White, J.,
concurring in part, and in part dissenting.
The majority cites Burks and Lockhart for the proposition that mere trial error does not bar retrial if all the evidence, whether erroneously admitted or not, supports the action of the *243 trial court or jury. Both cases are based upon the 5th and 14th amendments to the U.S. Constitution and thus comprise federal constitutional law.
I believe the better approach would be to follow this court’s decision in State v. Palmer, 224 Neb. 282 , 399 N.W.2d 706 (1986), where we considered whether the remaining evidence was sufficient, absent the procedural or “trial error.” Although in Palmer we did not explicitly base our ruling on Neb. Const, art. I, § 12, today’s decision overrules Palmer .
I would reverse and dismiss.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9739019. Public record. Not legal advice.