A-17-084, State of Nebraska v. Christen Bosse (appellant)
Adams County, District Judge Terri S. Harder
Attorneys for Appellant: Shon Lieske (Adams County Public Defender), Jay Michelsen, and Brian Israel
Attorneys for Appellee: Douglas J. Peterson (Attorney General) and Siobhan E. Duffy
Criminal Action: Second Degree Assault, Use of a Deadly Weapon to Commit a Felony, and Possession of a Deadly Weapon by a Prohibited Person
Action Taken by Trial Court: The district court allowed in certain hearsay testimony as excited utterances, denied Bosse’s motion to strike certain jurors for cause, allowed into evidence a knife over Bosse’s chain of custody objections, and overruled Bosse’s proposed jury instructions. After trial, the jury convicted Bosse of two counts of Second Degree Assault, two counts of Use of a Deadly Weapon to Commit a Felony, and one count of Possession of a Deadly Weapon by a Prohibited Person. The district court later imposed a sentence of 10 to 12 years’ imprisonment for each count of Second Degree Assault, to be served concurrently; 3 to 5 year’s imprisonment for each count of Use of a Deadly Weapon to commit a felony, to be served consecutively to each other and to all other counts; and 2 to 4 years’ imprisonment for Possession of a Deadly Weapon by a Prohibited Person, to be served concurrently with the sentences for Second Degree Assault.
Assignments of Error on Appeal: Bosse assigns the district court erred in (1) failing to sustain his motion in limine, (2) overruling his motion to strike two jurors for cause, (3) allowing a knife into evidence over his chain of custody objection, (4) not giving his requested jury instructions, and (5) imposing an excessive sentence.