S-23-866 State of Nebraska (Appellee) v. Yah (Appellant)
Appeal from the District Court for Douglas County, Judge Peter C. Bataillon
Attorneys: Sarah M. Mooney (Mooney Law Office for Appellant) and Kevin J. Slimp (Omaha City Prosecutor for Appellee)
Criminal: Obstructing administration of law in violation of Omaha Municipal Code
Proceedings Below: The county court convicted Appellant of Obstructing Administration of Law in violation of Omaha Municipal Code § 20-21. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant makes the following assignment of error: 1) The district court erred when it failed to find that the trial court abused its discretion when it applied the law from Neb. Rev. Stat. § 28-906 for Obstructing a Peace Officer in its finding of guilt as opposed to the law violation charged, found at Omaha City Ordinance § 20-21; 2) The district court erred when it failed to find that the trial court abused its discretion when it found that the State had proven the element of intent as set forth in Omaha City Ordinance § 20-21 in its finding of guilt; 3) The district court erred in finding that the trial court did not abuse its discretion in finding Yah guilty of Obstructing Administration of Law; and 4) The district court erred when it failed to find that the guilty verdict violated the Defendant’s due process rights pursuant to the U.S. and Nebraska Constitutions.