S-20-0109 State of Nebraska v. Timothy J. Clausen (Appellant)
Lancaster County District Court, Judge Andrew R. Jacobsen
Attorneys: Nathan A. Liss (Office of the Attorney General, for Appellee); Christopher Eickholt (Eickholt Law, LLC, for Appellant)
Criminal: Exclusion of witnesses’ testimony; Ineffective assistance of counsel; Sentencing
Proceedings Below: A jury convicted the Appellant of three felony charges. The court, upon finding him to be a habitual criminal for purposes of sentence enhancement, then ordered a sentence of 80 to 140 years’ imprisonment.
Issues: Whether 1) the testimony of a defense witness was properly excluded based on invocation of his Fifth Amendment privilege not to testify in related matters; 2) the testimony of a defense witness was properly excluded based on the trial court’s determination that the testimony would likely be irrelevant and based on hearsay; 3) the defendant’s testimony was properly excluded based on two outbursts made during cross-examination; 4) the trial court erred in failing to provide a no-inference instruction to the jury after the defendant’s testimony was excluded; 5) the trial court denied the defendant his constitutional right to present a defense by excluding the testimony of the defendant and his two witnesses; 6) the defendant’s appointed trial counsel was constitutionally ineffective; and 7) the defendant’s sentence was excessive.