A-19-240, State of Nebraska v. James Madren (Appellant)
Douglas County, District Court Judge James T. Gleason
Attorney for Appellant: Peder Bartling (Bartling Law Offices, P.C., L.L.O.)
Attorney for Appellee: Douglas J. Peterson, Siobhan E. Duffy (Attorney General's Office)
Criminal Action: First Degree Sexual Assault
Action Taken by Trial Court: Following a jury trial, the appellant was found guilty of first degree sexual assault and was sentenced to 30 to 38 years' imprisonment.
Assignments of Error on Appeal: On appeal, the appellant contends that the district court erred in: (1) denying his motion for a mistrial because the jury was exposed to a non-juror during deliberations; (2) overruling his motion for a new trial based upon the jury's exposure to the non-juror during deliberations; (3) failing to enforce its order limiting testimony concerning the victim's mental health diagnosis; (4) failing to enforce its witness sequestration instruction; and (5) imposing an excessive sentence.