S-15-0405 State v. Dustin Chauncy (Appellant)
Scotts Bluff County District Court, Judge Leo P. Dobrovolny
Attorneys: Todd W. Lancaster (Nebraska Commission on Public Advocacy (Appellant) --- Stacy M. Foust (Attorney General's Office)
Criminal: Child abuse resulting in death
Proceedings below: Following a jury trial, Appellant was convicted and sentenced to 80 years to life imprisonment.
Issues on Review: 1) The district court erred by not granting Appellant's motion to dismiss the indictment due to the grand jury's finding of probable cause not being supported by the record, pursuant to Neb. Rev. Stat. '29-1418(3) (Reissue 2008), 2) the district court erred by not granting Dustin's motion to quash the indictment based on the following irregularities: a) the appointment of the special prosecutor was improper and without statutory authorization, b) during the grand jury proceedings, the special prosecutor improperly misled the jury in advising them what law and penalties applied to the case, 3) the district court erred by not granting Dustin's motion in limine prohibiting the prosecution from submitting evidence regarding DNA in the form of sperm being presented at trial, and 4) the prosecution committed misconduct by disobeying the district court's order concerning DNA in the form of sperm being presented to the jury and the district court erred by not granting Dustin's motion for a mistrial after the prosecution committed misconduct.