S-23-0814 State of Nebraska (Appellee) v. Nolan M. King (Appellant)
Appeal from the District Court for Douglas County, Judge J. Russell Derr
Attorneys: Thomas C. Riley, Alexander D. Sycher, and Tamara T. Mosby (Douglas County Attorney’s Office for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee)
Criminal: Manslaughter and Use of a Deadly Weapon (Not a Firearm) to Commit a Felony
Proceedings below: A jury found Appellant guilty of Manslaughter and Use of a Deadly Weapon (Not a Firearm) to Commit a Felony, and Appellant was sentenced to consecutive terms of 19 years 365 days to 20 years in prison and 19 to 20 years in prison, respectively. Appellee filed a Petition to Bypass the Court of Appeals, which the Supreme Court granted and ordered that this case to be transferred to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in permitting the testimony of State witnesses Hutton and Garcia, because both witnesses were endorsed less than thirty days prior to trial; 2) The district court abused its discretion in granting the State’s Motion in Limine prohibiting Appellant from questioning the State’s witnesses regarding Pettit’s toxicology report at trial; 3) The evidence presented at trial was insufficient to find Appellant guilty of the crime of Use of a Deadly Weapon (Not a Firearm) to Commit a Felony beyond a reasonable doubt; 4) The district court abused its discretion by imposing an excessive sentence upon Appellant; A) The sentence imposed upon Appellant was outside the sentencing range established by the Nebraska Legislature under Neb. Rev. Stat. § 83-1,110(1)(C); and B) The sentence imposed upon Appellant failed to adequately consider the mitigating factors set forth in the Timmens decision.