S-22-0026 State of Nebraska (Appellant) v. Luis A. Valadez (Appellee)
Appeal from the District Court for Sarpy County, Judge Nathan B. Cox
Attorneys: Gage R. Cobb (Deputy Sarpy County Attorney for Appellant) and Jim K. McGough (McGough Law Firm for Appellee)
Criminal: Error Proceeding, Second Degree Assault, Self-Defense, and Use of Force to Defend Property
Proceedings below: After the district court gave jury instructions on self-defense and use of force to defend property, the jury acquitted Appellee of Second Degree Assault and Use of a Weapon to Commit a Felony. The State then sought leave to docket an appeal pursuant to Neb. Rev. Stat. § 29-2315.01. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: The State of Nebraska makes the following assignments of error: 1) The district court erred by giving Instruction No. 12 when the evidence and testimony at trial did not establish a legally cognizable claim for self-defense/use of deadly force because: (1) the evidence and testimony instead showed that Valdez was the initial aggressor and voluntarily placed himself in danger; and (2) Valadez testified that his actions in stabbing E.W. were not purposeful, but instead, accidental, involuntary, and unintentional and thus outside the scope of a self-defense claim using deadly force, and 2) The district court erred by giving Instruction No. 13 when the evidence and testimony at trial did not establish a legally cognizable claim for defense of property/use of deadly force because the evidence and testimony: (1) did not show that E.W. was attempting to displace Valadez of his dwelling; and (2) did not establish that E.W. was 7 committing a felonious theft and (a) had employed or threatened to use deadly force or (b) use of force other than deadly force by Valadez to stop the crime would have exposed him to substantial danger of serious bodily harm; and (3) showed Valadez voluntarily placed himself in a situation of danger.