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State v. White (PFR)

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Tuesday, April 30, 2013

S-11-515, State v. Darrell E. White (Appellant)

Sarpy County, Judge Max Kelch

Attorneys: Patrick J. Boylan (Public Defender) (Appellant) --- James D. Smith (Attorney General’s Office)

Criminal: Second degree murder; use of a weapon to commit a felony

Proceedings below: A jury found Appellant guilty of both crimes. He was sentenced to consecutive terms of imprisonment: 50 to 70 years for 2nd degree murder and 10 to 20 years for use of a weapon to commit a felony. The Court of Appeals reversed and remanded for a new trial. See State v. White, 20 Neb. App. 116 (2012). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues: The Court of Appeals erred as follows:

1. By concluding that there is no duty to retreat (i.e., there is a privilege of nonretreat) when acting in self-defense in the dwelling against another who is a cohabitant.

2. By concluding that White's tendered self-defense instructions were warranted by the evidence.

3. By failing to conclude that any error by the district court in instructing the jury on self-defense was harmless error.

This page was last modified on Tuesday, April 30, 2013