S-18-0925 State of Nebraska v. Kelly Schmaltz (Appellant)
Scotts Bluff County District Court, Judge Leo Dobrovolny
Attorneys: Nathan Liss (Office of the Attorney General, for Appellee) --- Bell Island (Island Law Office, PC, LLO, for Appellant)
Criminal: Leaving the scene of an injury accident; Jury instructions
Proceedings below: After a jury trial, Appellant was convicted of leaving the scene of an injury accident, a class IIIA felony, for which he received 12 months’ probation and a one-year suspension on his driver’s license. The trial court denied Appellant’s request for a choice of evils instruction as well as his motion for a mistrial.
Issues: Whether the trial court erred in 1) failing to instruct the jury on the choice of evils; and 2) failing to grant a mistrial for prosecutorial misconduct.