A-24-0064, State of Nebraska (Appellee) v. Evan J. Mielak (Appellant)
Lancaster County District Court, Judge Kevin R. McManaman
Attorney for Appellant: Robert B. Creager (Anderson, Creager & Wittstruck, P.C. L.L.O.)
Attorney for Appellee: Michael Hilgers (Nebraska Attorney General) and Jordan Osborne (Assistant Attorney General)
Criminal: First Degree Sexual Assault; Sufficiency of the Evidence; Jury Instructions
Action Taken by Trial Court: At the close of Appellee’s case, the district court overruled Appellant’s motion to dismiss, finding that the evidence was sufficient for the jury to find him guilty of first degree sexual assault. The court also overruled Appellant’s objection to the jury instruction that provided the elements of first degree sexual assault and declined to give the jury two of Appellant’s proposed instructions. After the jury returned a verdict of guilty for first degree sexual assault, Appellant motioned for a new trial, or in the alternative, requested that the court vacate the judgment of the conviction. Appellant also motioned for judgment notwithstanding the verdict. The court denied both motions and entered judgment against Appellant.
Assignments of Error on Appeal: On appeal, Appellant generally alleges that the evidence was insufficient to support his conviction. He specifically alleges that the district court erred in failing to grant his motion to dismiss the case, failing to grant his motion for judgment notwithstanding the jury’s verdict, overruling his jury instruction objection, and failing to give his proposed jury instructions.