S-22-308 State of Nebraska (Appellee) v. John Vaughn (Appellant)
Appeal from the District Court for Douglas County, Judge Peter C. Batallion
Attorneys: Rebekah S. Keller (Douglas County Public Defender for Appellant) and Matthew Lewis (Asst. Attorney General for Appellee)
Criminal: Motion to Suppress Search and Statements, Hearsay, and Excessive Sentence
Proceedings Below: Appellant was convicted of delivery, distribution, dispensing, manufacturing, or possession of marijuana with intent to deliver as well as a failure to attach a tax stamp. He was sentenced to four (4) to six (6) years’ imprisonment and $10,000 fine. 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 on Appeal: Appellant makes the following assignments of error: 1) The district court erred when it denied Vaughn’s motion to suppress the physical evidence and statements that were obtained during a warrantless search and interrogation, violating Vaughn’s constitutional rights under the Fourth and Fifth Amendments; 2) The district court erred in overruling Vaughn’s motion in limine to prevent the admission of hearsay statements at trial; A) The district court abused its discretion by permitting the admission of hearsay statements made by an unnamed Amtrak employee into evidence; and B) The district court abused its discretion by permitting the admission of hearsay statements in violation of Confrontation Clause of the United States and Nebraska Constitutions; 3) The district court’s failure to grant Vaughn’s first request for a mistrial based on the admission of the Amtrak employee’s prejudicial hearsay statements constituted a substantial miscarriage of justice; 4) The district court abused its discretion when it denied Vaughn’s motion in limine and permitted the admission of untested marijuana into evidence; and 5) The district court abused its discretion by imposing an excessive sentence upon Vaughn.