State v. Kalita

Case Number(s)
S-24-0120
Case Audio
Call Date
Case Time
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

S-24-0120 State of Nebraska (Appellee) v. James R. Kalita (Appellant)

Appeal from the District Court for Lancaster County, Judge Darla S. Ideus on appeal therefrom the County Court for Lancaster County, Judge Matthew L. Acton

Attorneys:  Kelsey Helget (Deputy Lancaster Public Defender for Appellant) and Lincoln J. Korell (Asst. Solicitor General for Appellee)

Criminal:  Second-Degree Criminal Trespass and Failure to Obey a Lawful Order from the State Patrol

Proceedings below:  After a jury convicted Appellant of second-degree criminal trespass and failure to obey a lawful order from the State Patrol, the district court affirmed his convictions and $150 fines.  On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.

Issues: Appellant makes the following assignment of error:  1) The district court erred in finding Appellant’s convictions for second-degree criminal trespass and failure to obey lawful order of the State Patrol were supported by competent evidence; and 2) The district court erred in finding that Appellant’s as applied constitutional claim regarding Neb. Rev. Stat. § 81-2008 and Chapter 25 Rules and Regulations Governing Security at State Capitol Building Lincoln, Nebraska, was without merit.

Schedule Code
SC