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State v. Herrin

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Thursday, November 14, 2013

A-12-1026, State of Nebraska v. Doris Herrin (Appellant)

Dawson County, District Court Judge Jams E. Doyle IV

Attorney for Appellant:  Brian J. Davis (Berreckman & Davis, P.C.)

Attorney for Appellee:   Jon Bruning, Nathan A. Liss (Attorney General’s Office)

Criminal Action:  Manslaughter

Action Taken by Trial Court:  A jury found Appellant guilty of manslaughter, and she was sentenced to 18 to 20 years’ imprisonment.

Assignments of Error on Appeal:  The district court erred in (1) finding sufficient evidence to convict her of manslaughter, (2) approving a stipulation between Appellant’s counsel and the State allowing hearsay statements, (3) allowing the State’s rebuttal expert to testify after violating a sequestration order, (4) granting the State’s motion to endorse additional witnesses 17 days prior to trial, (5) admitting Appellant’s out of court statements without first finding they were voluntary, (6) granting the State’s motion in limine to exclude evidence of lawsuits against the State’s rebuttal expert, (7) admitting unduly prejudicial photos into evidence, (8) conducting hearings without Appellant after the jury began deliberating, and (9) imposing an excessive sentence. Appellant also argues that her counsel provided ineffective assistance and that the prosecutor committed misconduct.



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