S-23-0953 State of Nebraska (Appellee) v. Shaquille M. Falcon (Appellant)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Lancaster County, Judge Susan I. Strong
Attorneys: Robert Wm. Chapin, Jr. (Attorney for Appellant) and Teryn Blessin (Asst. Attorney General for Appellee)
Criminal: Possession of a firearm by a prohibited person and driving under the influence (DUI)
Proceedings Below: Appellant was sentenced to eight (8) to twelve (12) years’ imprisonment for possession of a firearm by a prohibited person and to thirty (30) to sixty (60) days imprisonment for DUI. On appeal to the Court of Appeals, he argued that the district court erred in overruling his motion to suppress, in admitting Facebook posts into evidence, and in finding sufficient evidence was adduced to convict him. The Court of Appeals affirmed in State v. Falcon, 33 Neb.App. 331, 16 N.W.3d 393 (2025). Appellant petitioned for further review, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket.
Issues: In his petition for further review, Appellant assigns the following errors: 1) The Court of Appeals erred by not finding that the district court erred by denying the motion to suppress; 2) The Court of Appeals erred by not finding the district court erred by admitting the Facebook evidence; 3) The Court of Appeals erred by finding sufficient evidence to support the convictions of possession of a firearm by a prohibited person and driving under the influence; and 4) The Court of Appeals erred by not finding that plain error existed by the Court allowing jury instruction #4 which was prejudicial to the Appellant.