A-12-1061, State of Nebraska v. Tracy York (Appellant)
Scotts Bluff County, District Court Judge Randall L. Lippstreu
Attorney for Appellant: Bell Island (Island & Huff)
Attorney for Appellee: Jon Bruning, George R. Love (Attorney General’s Office)
Criminal Action: Prosecution for DUI and Refusal to Submit to a Chemical Test.
Action Taken by Trial Court: Prior to trial, the trial court ruled that Appellant would not be allowed to call one of his proffered witnesses because he had not disclosed the witness to the prosecution prior to trial. Appellant was convicted by a jury on charges of DUI and Refusal to Submit to a Chemical Test.
Assignments of Error on Appeal: Appellant asserts that the trial court erred in refusing to allow him to call a proffered witness that had not been disclosed to the State prior to trial, in failing to grant a directed verdict in Appellant’s favor on the Refusal to Submit to a Chemical Test charge, in refusing to give one of Appellant’s proposed jury instructions, and in denying Appellant’s motion for mistrial based on a comment made by the prosecutor during closing arguments.