S-18-0006 State v. Shannon D. Bigelow (Appellant)
Lancaster County District Court, Honorable Kevin R. McManaman
Attorneys: Melissa R. Vincent with Derek T. Bral as a senior certified law student (Attorney General’s Office) --- Mark E. Rappl (Appellant)
Criminal Action: Assault of an Officer, 3rd Degree; Jury Instructions; Ineffective Assistance.
Proceedings Below: Following a jury trial, Bigelow was convicted of assault of an officer, 3rd degree. The court found Bigelow to be a habitual criminal and sentenced him to 10 to 12 years’ imprisonment. The Court of Appeals affirmed. Appellant filed a petition for further review, which was granted by the Nebraska Supreme Court.
Issues: The Court of Appeals erred in concluding that the evidence did not warrant an insanity jury instruction.