S-21-0112 State of Nebraska v. Rolander L. Brown (Appellant)
Douglas County District Court, Hon. James T. Gleason
Attorneys: Thomas C. Riley (Douglas County Public Defender’s Office, for Appellant) — Melissa R. Vincent (Office of the Attorney General, for Appellee)
Criminal: Motion for new trial based on newly discovered evidence
Proceedings below: Following an evidentiary hearing, the court denied Appellant’s motion for new trial.
Issues on appeal: Appellant assigns that the court abused its discretion by denying his motion for a new trial. The State files a cross-appeal, assigning that the court erred by 1) denying its motion to dismiss on the ground that Doloma Curtis’ affidavit did not identify any newly discovered evidence; and 2) finding that Curtis’ testimony was newly discovered based on the evidence presented at the hearing.