S-22-0311 State of Nebraska (Appellee) v. Samantha R. Blocher (Appellant)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Matt Catlett (Law Office of Matt Catlett for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)
Criminal: Motion to Withdraw Plea, Motion for New Trial, and Chain of Custody
Proceedings below: Appellant was found guilty of and sentenced to two (2) years of probation for possession of a controlled substance. After Appellant dismissed her appeal of that conviction and sentence, Appellant and the State filed a stipulated motion for new trial based upon this newly discovered evidence, which the district court overruled. Appellant petitioned to bypass the Court of Appeals, which the Supreme Court sustained and transferred this case to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court abused its discretion in disregarding the stipulation of the State that Blocher be granted a new trial based on newly discovered evidence and refusing to grant a new trial, because the stipulation represented conclusive proof that the evidence was newly discovered after trial and would probably have resulted in a different verdict if produced; 2) The district court impermissibly invaded the province of the executive branch by disregarding the stipulation of the State to grant a new trial to Blocher based on newly discovered evidence and refusing to grant a new trial; and 3) The district court deprived Blocher of due process by disregarding the stipulation of the State to grant a new trial to Blocher based on newly discovered evidence and refusing to grant a new trial.