S-13-0562 State v. John R. Oldson (Appellant)
Howard County District Court, Judge Karin L. Noakes
Attorneys: James D. Smith (Attorney General's Office) --- James R. Mowbray & Sarah P. Newell (Nebraska Commission on Public Advocacy)
Criminal: 2nd degree murder
Proceedings below: Appellant was convicted following a jury trial and sentenced to not less than, nor more than life imprisonment.
Issues on Review: l. The Court erred by admitting excerpts from Appellant's journals which were inadmissible under Neb. Rev. Stat. ' 27-404. 2. The Court erred by admitting excerpts from Appellant's journals which were inadmissible under Neb. Rev. Stat. ' 27-403. 3. The Court abused its discretion when allowing Appellant's journal excerpts to go back with the jury during deliberations. 4. The Court erred by not admitting the Backus diary at trial. 5. The Court erred by failing to suppress evidence as requested by the defense in violation of the 4th and l4th Amendments to the United States Constitution and their Nebraska counterparts. 6. The Court erred by failing to dismiss the case as a violation of Appellant's right to a speedy trial under the Due Process clause of 5th Amendment and 14th Amendments and their Nebraska counterparts. 7. The Court violated Appellant's right to confrontation under the 6th Amendment and its Nebraska counterpart by forcing Appellant to choose between effectively cross-examining witnesses and opening the door to highly prejudicial other bad acts evidence. 8. The State's tampering with witnesses violated Appellant's right to a fair trial, to present a defense, and to due process of law under the 5th, 6th, and 14th Amendments to the United States Constitution and their Nebraska counterparts. 9. There was insufficient evidence to support the conviction, which violated his right to be presumed innocent, to due process of law, and to a fair trial. 10. The Court erred by overruling the Motion for New Trial. 11. Appellant's conviction should be reversed on the grounds of cumulative error, thus violating his right to confrontation, to a speedy trial under the 5th Amendment, to be free from unreasonable searches and seizures, to be presumed innocent, to present a defense, to due process of law, and to a fair trial. 12. The Court erred by giving Appellant a life sentence when the jury found him guilty of a lesser offense.