S-22-0560 State of Nebraska (Appellee) v. DeShawn L. Gleaton, Jr. (Appellant)
Appeal from District Court for Madison County, Judge James G. Kube
Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee).
Criminal: First-Degree Murder, Possession of a Firearm by a Prohibited Person, Use of a Firearm to Commit a Felony, Tampering with a Witness
Proceedings below: Appellant was convicted of First-Degree Murder, Possession of a Firearm by a Prohibited Person, Use of a Firearm to Commit a Felony, and Tampering with a Witness. The trial court sentenced Appellant to consecutive sentences of life in prison, to twenty-five (25) to thirty (30) years in prison, to forty (40) to fifty (50) years in prison, and to one (1) to two (2) years in prison, respectively. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant makes the following assignments of error: 1) The district court clearly erred and abused its discretion in admitting the expert opinions on real tool time (RTT); 2) The district court abused its discretion in overruling the defense objection on the grounds of prosecutorial misconduct to social contract comments made during closing and denied Appellant a fair trial and violated due process; 3) The district court abused its discretion in overruling the defense objection on the grounds of prosecutorial misconduct to inflammatory comments made during closing and denied Appellant a fair trial and violated due process; 4) The district court abused its discretion by declining to excise challenged victim impact material from the presentence investigation report in violation of Appellant’s due process rights; and 5) Judicial misconduct during sentencing was an abuse of discretion and violated Appellant’s due process rights.