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State v. Higgins

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Wednesday, April 10, 2013

A-12-0325, State of Nebraska v. Marcus C. Higgins (Appellant)

District Court for Sarpy County, District Judge Max Kelch

Attorney for Appellant:  Patrick J. Boylan (Sarpy County Public Defender’s Office)

Attorneys for Appellee:  Nathan A. Liss & Erin E. Tangeman (Attorney General’s Office)

Criminal Action:  Domestic assault

Action taken by the Trial Court:  Higgins was found guilty following a trial in the county court. The district court affirmed the county court’s judgment.

Assignments of Error on Appeal:  Did the trial court err by failing to grant Higgins’ motion for continuance when Higgins was prejudiced by not being allowed to prepare a defense and the prosecutor did not object? Did the trial court err by failing to grant Higgins’ motion for mistrial when extrinsic evidence of a weapon was introduced that so unfairly prejudiced Higgins that admonishment to the jury was ineffective? Did the trial court err by failing to instruct the jury of the lesser included charge of disturbing the peace, rather trying it by the bench, placing procedure over substance when Higgins failed to request a jury trial on a Class III misdemeanor in a timely manner?


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