S-22-0855 State of Nebraska (Appellee) v. Trenton R. Esch (Appellant)
Appeal from District Court for Custer County, Judge Karin L. Noakes
Attorneys: Mark E. Rappl (Naylor & Rappl Law Office for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee).
Criminal: First-Degree Murder, Use of a Firearm During the Commission of a Felony, Use of a Firearm by a Prohibited Person
Proceedings below: Appellant was convicted First-Degree Murder, Use of a Firearm During the Commission of a Felony, and Use of a Firearm by a Prohibited Person, and the district court sentenced him to life imprisonment, forty-five (45) to fifty (50) years in prison, and forty-five (45) to fifty (50) years in prison, respectively. These sentences are consecutive. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant makes the following assignments of error: 1) The district court erred by instructing the jury on intoxication; 2) The district court erred by improperly instructing the jury on the burden of proof; 3) Trial counsel was ineffective for failing to object to improper jury instructions; 4) Trial counsel was ineffective for failing to object to improperly admitted 404 evidence; 5) Trial counsel was ineffective for failing to move for a mistrial; 6) Trial counsel was ineffective for failing to retain an expert to conduct a psychological evaluation of Appellant; and 7) Trial counsel was ineffective for failing to adequately discuss trial strategy with Appellant.