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.