S-23-1012 State of Nebraska (Appellee) v. Kevin T. Kilmer (Appellant)
Appeal from the District Court for Cherry County, Judge Mark D. Kozisek
Attorneys: Todd W. Lancaster and Helen O. Winston (Nebraska Commission on Public Advocacy for Appellant) and Jacob M. Waggoner (Nebraska Attorney General’s Office for Appellee)
Criminal: Life Imprisonment for first-degree murder
Proceedings below: Appellant was found guilty of first-degree murder and use of a deadly weapon to commit a felony, and he was sentenced to consecutive terms of life imprisonment and ten (10) years to fourteen (14) years in prison. Life imprisonment cases are direct appeals to the Supreme Court.
Issues: Appellant makes the following assignment of error: 1) There was insufficient evidence submitted to support a jury verdict that Kilmer violated Nebraska Revised Statute § 28-303, murder in the first-degree, because a rational trier of fact could not find all elements of the offense charged beyond a reasonable doubt.