S-16-0965 State v. Dominique Hairston (Appellant)
Douglas County, Judge Duane C. Dougherty
Attorneys: Austin Relph (Attorney General’s Office) --- William O’Brien (for Appellant)
Criminal: Unlawful discharge of a firearm (Class ID felony); Use of a firearm to commit a felony (Class IC felony)
Proceedings below: A jury found Appellant guilty and the court entered the jury’s verdict. Appellant filed a motion for new trial alleging irregularities at trial and jury and prosecutorial misconduct. The court denied the motion for new trial. Appellant was sentenced 20-30 years’ imprisonment on each count, to be served consecutively. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: I. The trial court erred when it denied Appellant’s Motion for a New Trial based on juror misconduct and exposure to extraneous information or material. II. The trial court erred when it denied Appellant’s request for an evidentiary hearing on his Motion for a New Trial based on juror misconduct and exposure to extraneous information or material. III. The trial court erred when it denied Appellant’s Motion for a New Trial based on prosecutorial misconduct. IV. The trial court erred when it denied Appellant’s request for an evidentiary hearing on his Motion for a New Trial based on prosecutorial misconduct.