(Download) "State Nebraska v. Joe Monastero" by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free

March 01, 2021

eBook details

Title: State Nebraska v. Joe Monastero
Author : Supreme Court of Nebraska
Release Date : January 17, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

In separate informations filed in the district court for Douglas County, the State charged the defendants, Joe Monastero,
Marlene "Mardy" McCullough, Sam Katzman, William M. Katzman, and Bernice Labedz, with two counts of falsely swearing to a
signature upon an initiative petition, in violation of Neb. Rev. Stat. § 32-713 (Reissue 1984). The charges arose
from activity relative to the initiative petition to provide a state lottery. Each defendant filed the identical motion to
quash the information, alleging that Neb. Rev. Stat. § 32-705 (Cum. Supp. 1986) and § 32-713, when read
jointly, violated both the Nebraska Constitution and the U.S. Constitution. The district court sustained the defendants' motions.
Pursuant to Neb. Rev. Stat. § 29-2315.01 (Reissue 1985), the State has taken exception to the district court's rulings
and has appealed to this court. As the result of Neb. Const. art. III, § 2, the people of Nebraska have reserved the power of the initiative for
enactment of laws and constitutional amendments through the initiative petition signed by "electors of the state." Neb. Const.
art. III, § 4, directs that the constitutional provisions regarding the initiative "shall be self-executing, but
legislation may be enacted to facilitate their operation."