State v. Wheeler

S-19-0781 State of Nebraska v. Marcus R. Wheeler (Appellant)

Douglas County District Court, Hon. Horacio J. Wheelock

Attorneys:  Siobhan E. Duffy (Office of the Attorney General, for Appellee) -- Jessica C. West, Douglas A. Johnson (Douglas County Public Defender’s Office, for Appellant)

Criminal: Second degree murder; Use of a firearm to commit a felony; Excessive sentence

Proceedings Below:  The district court found the State’s witness was qualified to testify as an expert, accepted the jury’s verdict, and found Appellant guilty of Second Degree Murder and Use of a Deadly Weapon (Firearm) to Commit a Felony. Appellant was sentenced to 70 to 100 years’ imprisonment for the conviction of second degree Murder, and 7 to 15 years’ imprisonment for the conviction of Use of Deadly Weapon (Firearm) to Commit a Felony. 

Issues on Appeal:  Whether 1) the district court abused its discretion by overruling Appellant’s motion in limine and renewed objection during trial to exclude the testimony of Angela Harder; 2) the evidence presented at trial lacked probative value to sustain a verdict of guilty for murder in the second degree and use of a firearm to commit a felony; and 3) the district court abused its discretion by ordering Appellant to serve an excessive sentence.