A-23-0367, State of Nebraska v. William S. Serrano (appellant)
Kimball County, District Judge Derek C. Weimer
Attorney for Appellant: Kelly S. Breen (Nebraska Commission on Public Advocacy)
Attorney for Appellee: P. Christian Adamski (Nebraska Attorney General’s Office)
Criminal Action: failure to direct verdict; burden of proof
Action Taken by Trial Court: The district court denied Appellant’s motion for directed verdict on the charges of manslaughter and possession of a firearm during the commission of a felony. The district court denied Appellant’s motion for directed verdict for both charges of terroristic threats.
Assignments of Error on Appeal: Appellant assigns that the district court erred in denying his motion for directed verdict on the charges of manslaughter and possession of a firearm during the commission of a felony because the State failed to adduce proof beyond a reasonable doubt of a proximate and causal relation between the alleged unlawful acts and the unintentional death. Appellant also assigns that the district court erred in denying his motion for directed verdict on both charges of terroristic threats because the State failed to adduce proof beyond a reasonable doubt that Appellant made any threats to commit a crime of violence with an intent to terrorize.