COURT TY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. : : Index No. Calendar No. IN THE DISTRICT COURT OF ____________________ COUNTY, NEBRASKA : JUDICIAL SUBPOENA Plaintiff(s) THE STATE OF NEBRASKA, -againstPlaintiff, vs. : : ____________________________________, Defendant. : ) ) ) ) ) ) Case No. _______ JOURNAL ENTRY HEARING DATE: _____________________. For plaintiff: For defendant: _________________________, _______________ County Attorney. defendant 9 pro se 9 with counsel, _________________________, 9 _____________ County Public Defender. Defendant(s) : . . . . . . . . . . . . .APPEARANCES:. . . . . . . . . . . . . . . . . . . . .............. EOPLE OF THE STATE OF NEW YORK INGS: CHARGES: Count 1:_________________________; § ________; Class ___ 9 felony 9 misd. Count 2:_________________________; § ________; Class ___ 9 felony 9 misd. Count 3:_________________________; § ________; Class ___ 9 felony 9 misd. Count 4:_________________________; § ________; Class ___ 9 felony 9 misd. PROCEEDINGS: Plea Bargain: 9 no plea bargain; 9 plea bargain announced, 9 defense counsel concurs 9 victim consultations disclosed WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Change of Plea: 9 defendant requests Court to withdraw previous plea of not guilty , leave orable at the 9 court inquiry made 9 determined made freely, voluntarily, knowing, intelligently located at of request 9 granted 9 denied , on the day of , 20 , at o'clock in the noon, and at any recessed Amendment: urned date, to testify and give evidence as9 plaintiff moves action on the by filingthe by interlineation, amended to: a witness in this to amend 9 part of 9 Count 1:_________________________; § ________; Class ___ 9 felony 9 misd. Count 2:_________________________; § ________; Class ___ 9 felony 9 misd. Count 3:_________________________; § ________; Class ___ 9 felony 9 misd. Count 4:_________________________; § will make you liable 9 Your failure to comply with this subpoena is punishable as a contempt of court and________; Class ___ to felony 9 misd. 9 no objection by defendant 9 defendant objects, arguments a y on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained asheard motion 9 granted 9 denied 9 accomplished instanter f your failure to comply. Rights Advisement: Court advises defendant of: 9 right 9 , one speak and/or of the Witness, Honorable against self-incrimination/ to remain silent right toof the Justices testify 9 right to counsel, including court-appointed counsel at public expense, if indigent n County, day of , 20 defendant: 9 waives 9 has 9 requests counsel; 9 asserts indigence indigence: 9 conceded 9 hearing held, determined 9 indigent 9 not indigent request for counsel 9 granted 9 denied ______________________________ appointed (Attorney must freely, voluntarily, knowing, 9 court inquiry made 9 determined madesign above and type name below) intelligently waiver of counsel 9 approved 9 denied 9 right to be informed of charges and penalties, including right to service one full day before arraignment 9 presumption of innocence 9 burden of proof beyond a reasonable doubt 9 right to trial by 12-person jury 9 right to speedy trial within 6 months Attorney(s)right to release on reasonable bail and right to bail hearing 9 for 9 right of confrontation, including right to see, hear, and cross examine witnesses 9 right to testify, call witnesses, present evidence, and compel witness attendance 9 right to unanimous verdict 9 right to appeal to 9 Court of Appeals 9 Supreme Court 9 right to transfer to juvenile court and Office andbe considered in making decision criteria to P.O. Address 9 right to enhancment hearing and attendant rights defendant advises s/he 9 does 9 does not understand rights Preliminary Inquiry: upon inquiry by Court, defendant states: Telephone No.: 9 full name and other names known by 9 extent of formal education Facsimile9No.: to read, write, understand English language current 9 employment 9 unemployment ability during last 72 hours, defendant 9 has E-Mail Address: 9 has not consumed any alcohol; further inquiry conducted 9 Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com I-3(1) COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. during last 72 hours, defendant 9 has 9 has not consumed any drugs; 9 further inquiry conducted : JUDICIAL SUBPOENA Plaintiff(s) defendant 9 has 9 has not been treated for mental illness 9 further inquiry conducted defendant 9 does 9 does not suffer from mental or emotional disability 9 further inquiry conducted -against: defendant states that he 9 does 9 does not understand proceedings 9 further inquiry conducted defense counsel has 9 conversed with defendant 9 determined mental condition 9 finds condition good : 9 more, 9 less, than one full day; 9 not served : defendant waives 9 service by sheriff 9 intervening full day before arraignment 9 court inquiry made 9 determined made freely, voluntarily, knowing, intelligently Defendant(s) : waiver 9 approved 9 denied ...................................................... 9 arraignment continued to ___________________________________________ Information Served: 9 held 9 waived; 9 from proceedings in county court 9 court inquiry made 9 determined made freely, voluntarily, knowing, intelligently waiver 9 approved 9 THE PEOPLE OF THE STATE OF NEW YORKdenied Preliminary Hearing: Information Reading: TO 9 read by county attorney 9 waived by defendant 9 court inquiry made 9 determined made freely, voluntarily, knowing, intelligently waiver 9 approved 9 denied 9 statute(s) explained by court 9 elements of crime(s) explained 9 statutory penalties explained 9 consecutive/concurrent sentences explained GREETINGS: 9 restitution explained 9 indirect consequences explained: 9 testimony impeached 9 habitual criminal WE COMMAND YOU, that all deprived 9 drug/alcohol enhancement you and each ofregistration before 9 civil rights business and excuses being laid aside, 9 sex offender you attend Statutes; Penalties: , the Honorable at the Court Pleas Explained: Court explainedat located nature and consequences of pleas of: 9 not guilty 9 guilty 9 nolo County of being in the in room , on thecontendere (no contest) 920 day of , standing mute or o'clockevasive , at noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Defendant: upon inquiry by court, states that defendant understands: 9 charges against him/her 9 statutes accused of violating 9 possible penalties 9 available pleas 9 resulting effects of available pleas upon inquiry by court, states that defendant 9 is 9 is not ready to plead Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfCt 1: subpoena was issued for a maximum penalty of $50 and not guilty entered this 9 not guilty 9 guilty 9 no contest 9 mute/evasive, all damages sustained as a Defendant Pleads: Ct 2: result of your failure to comply. 9 not guilty 9 guilty 9 no contest 9 mute/evasive, not guilty entered Ct 3: Ct 4: 9 not guilty 9 guilty 9 no contest 9 mute/evasive, not guilty entered 9 not guilty 9 guilty 9 no contest 9 mute/evasive, not guilty entered Witness, Honorable , one of the Justices of the Trial Setting/Bond: County, trial set forof jury Court in day _____________ at _________; trial priority 9 first 9 second , 20 after consultation with counsel, pretrial motions ordered filed by _______ 9 defendant moves for bond reduction; arguments heard; 9 granted 9 denied bond 9 waived by state 9 continued 9 set at $______________ 9 10% (Attorney must sign above and other: __________ Conditions: 9 appear as ordered; 9 not leave state; 9type name below) ___________________________________________________________ 9 defendant ordered to appear and advised of consequences for failure to appear 9 defendant remanded to custody of sheriff pending posting of bond Attorney(s) for Further Examination: 9 Court advised defendant of plea waiver of hearings concerning: 9 voluntariness of confession/admission 9 unlawful search/seizure 9 defendant acknowledges understanding of plea effect of waiver of these rights. 9 upon inquiry, defendant acknowledges that: Office and P.O. Address 9 rights were explained by counsel 9 s/he informed counsel of defenses 9 s/he disclosed witnesses to counsel 9 counsel investigated any defenses 9 counsel interviewed any witnesses 9 defendant satisfied with counsel, feels competent job performed 9 no threats or promises made other than Telephone No.: announced plea bargain 9 no promises made on sentence 9 possible Facsimile No.: consecutive/concurrent sentences 9 plea waives defects. E-Mail Address: 9 upon inquiry, defendant states understanding of loss of rights from plea, including Mobile Tel. No.: I-3(2) American LegalNet, Inc. www.USCourtForms.com COURT TY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. : : Index No. Calendar No. effects of plea that: : JUDICIAL SUBPOENA Plaintiff(s) 9 no trial 9 no jury 9 no state witnesses, and loss of confrontation to see, hear, and cross examine witnesses 9 relieving state of burden of proving : each element by proof beyond reasonable doubt 9 no opportunity to testify, call witnesses, compel witness appearance, or present other evidence 9 : loss of presumption of innocence 9 loss of right against self incrimination, including right to remain silent 9 loss of right to counsel; and : 9 defendant states that s/he wishes to give up all of those rights 9 upon inquiry, defendant states understanding that plea will waive any error -against- Defendant(s) : . . . . . . . . . . . . .Factual . . . . . . . . . . . . . Court inquired . . . . . . . . . Basis: . . . . . . . . . . . . concerning factual basis to 9 defendant 9 county attorney defendant acknowledges 9 all 9 some 9 no elements of charged crime(s) defendant 9 does 9 does not accept prosecutor’s factual recitations defense counsel 9 does 9 does not desire to be heard on factual basis EOPLE OF THE STATE OF NEW YORK Court finds, beyond a reasonable doubt, that a factual basis 9 does 9 does not exist for the plea Defense Counsel: states, upon Court inquiry, that: 9 no promises, other than announced plea bargain, have been made to defendant to induce enter noted plea 9 defendant’s plea is consistent with known facts INGS: 9 in counsel’s opinion, defendant is making plea freely, voluntarily, knowingly, and intelligently WE COMMAND YOU, that all business counsel knows of no reason why the court should not accept the plea 9 and excuses being laid aside, you and each of you attend before , at the Court 9 responds, upon Court inquiry, that defendant has been advised of all constitutional located at and statutory rights , on the day of , 20 , at o'clock in the noon, and at any recessed Adjudication:evidence as9 Court finds, beyond a on the part of the that the defendant: reasonable doubt, urned date, to testify and give a witness in this action orable of Prosecutor: 9 understands defendant’s constitutional and statutory rights 9 is acting freely and voluntarily 9 understands nature of charges and possible penalties and effect of plea 9 makes plea freely, voluntarily, knowingly and intelligently Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 9 Court a maximum penalty of $50 and all damages sustained as a y on whose behalf this subpoena was issued for accepts defendant plea and adjudges defendant guilty as charged. f your failure to comply. Sentencing: Witness, Honorable n County, Other: day of 9 Sentencing deferred and set for ______________________ at _____________ 9 Presentence investigation ordered 9 clerk to notify probation officer , reduction; arguments heard; 9 granted 9 denied 9 defendant moves for bond one of the Justices of the , waived by state 9 continued 9 set at $______________ 9 10% bond 9 20 Conditions: 9 appear as ordered; 9 not leave state; 9 other: __________ ___________________________________________________________ 9 defendant ordered to appear and advised of consequences for failure to appear (Attorney 9 defendant remandedmust sign above and type name below) to custody of sheriff pending posting of bond 9________________________________________________________________ _________________________________________________________________ Attorney(s) for _________________________________________________________________ BY THE COURT: Office and P.O. Address ______________________________________________ District Judge Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com I-3(3)