S-21-0527; State of Nebraska v. Joel A. Cerros (Appellant)
Appeal from the District Court for Butler County, Judge Robert R. Steinke
Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy for Appellant) and Nathan A. Liss (Attorney General’s Office for Appellee)
Criminal: Criminal conviction for Manslaughter
Proceedings below: A jury found Appellant not guilty of motor vehicle homicide and driving under the influence of drugs but guilty of manslaughter, a Class IIA felony.
Issues: Appellant makes the following assignments of error: 1) the district court clearly erred and abused its discretion in admitting the opinion of a law enforcement officer as to Appellant’s guilt on a key element of the offense of manslaughter; 2) the evidence in this record is insufficient to support the conviction of manslaughter; and 3) Appellant was denied due process rights and a fair trial because of incorrect jury instructions which failed to provide the lesser included offense instruction on careless driving. The failure to provide the lesser included offense of careless driving was reversible error.