S-16-0985 State v. Kirk A. Botts (Appellant)
Lancaster County District Court, Judge Robert R. Otte
Attorneys: Austin N. Relph (Attorney General’s Office) --- Matthew K. Kosmicki (Appellant)
Criminal: Possession of deadly weapon by prohibited person
Proceedings Below: Following a jury trial, Appellant was convicted and sentenced to 1 year imprisonment and 1 year of supervised release. The Court of Appeals reversed and remanded with directions. Appellee filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues: The Court of Appeals erred in 1) its analysis of when the arrest took place; its analytical framework (and its application of that framework) was flawed, which led the Court of Appeals to reach the wrong conclusion., and 2) determining that the arrest was made without probable cause.