Student Journalist Materials for Reporting Education Session: Nebraska’s Appellate Level Court
State v. Duncan
Wednesday, March 2, 2016
Case Number: S-15-0668
| Case Name | Case Number | County | Case Audio |
|---|---|---|---|
| State v. Duncan | S-15-0668 | Douglas | Audio |
Nebraska Supreme Court Case Summary
S-15-0668 State v. Gregory Duncan (Appellant)
Douglas County, Judge Leigh Ann Retelsdorf
Attorneys: Nathan A. Liss (Attorney General's Office) --- Cindy A. Tate (Public Defender's Office) (Appellant)
Criminal: 3rd degree assault, discrimination based
Proceedings in the trial court: Appellant was convicted following a jury trial and sentenced to 12 to 18 months.
Issues: 1) The district court erred in its determination of the meaning and reach of the assault third degree, discrimination based 'hate crime' statute in Nebraska and its application to this incident with the Appellant, 2) the district court erred in not granting Appellant's motion to dismiss at the close of the State's case, 3) the district court erred in not granting Appellant's motion to dismiss at the close of Appellant's case, 4) the district court erred in denying Appellant's requested special jury instruction on the definition of sexual orientation, 5) Appellant's trial counsel was ineffective, and 6) the district court abused its discretion in imposing an excessive sentence.
Case Audio:
https://supremecourt.nebraska.gov/sites/default/files/sc/audio/S-15-0668_0.wav
Case Video of State v. Duncan:
(argument for State v Duncan begins at marker 24:30 / 1.45 with Omaha Public Defender ends at 49:11 with no time for rebuttal) LINK: https://supremecourt.nebraska.gov/video-arguments-03/02/2016
FROM THE CASE FILE
- A 12/07/2015 Brief of Appellee State: Click to view brief
- A 10/15/2015 Brief of Appellant Duncan: Click to view brief
- A 07/28/2015 Transcript Pages 1-84: Click to view Transcript from Douglas County District Court
COURT OPINION
ABOUT THE COURT
Guides and General Information
- Guide to Oral Argument in Front of the Nebraska Supreme Court
- Student Protocol for Observing Appellate Court Arguments Outside of the State Capitol
- (Protocol used when Court travels to high schools for oral argument – generally followed in the courtroom as well – although there is no Q&A following a regular court session)
- Citizen’s Guide to the Nebraska Appellate Courts
- (instructions designed for individuals who want to present their argument directly to the Court without an attorney - provides procedural information)
- Media/Photo Tips for Appellate Court Coverage
- Nebraska Supreme Court Webpage and Photos