State v. Duncan

Wednesday, March 2, 2016

Case Number: S-15-0668

Nebraska Supreme Court Case Summary

S-15-0668 State v. Gregory Duncan (Appellant)

Douglas County, Judge Leigh Ann Retelsdorf

Attorneys: Nathan A. Liss (Attorney General's Office) --- Cindy A. Tate (Public Defender's Office) (Appellant)

Criminal: 3rd degree assault, discrimination based

Proceedings in the trial court: Appellant was convicted following a jury trial and sentenced to 12 to 18 months.

Issues: 1) The district court erred in its determination of the meaning and reach of the assault third degree, discrimination based 'hate crime' statute in Nebraska and its application to this incident with the Appellant, 2) the district court erred in not granting Appellant's motion to dismiss at the close of the State's case, 3) the district court erred in not granting Appellant's motion to dismiss at the close of Appellant's case, 4) the district court erred in denying Appellant's requested special jury instruction on the definition of sexual orientation, 5) Appellant's trial counsel was ineffective, and 6) the district court abused its discretion in imposing an excessive sentence.

Case Audio: 
https://supremecourt.nebraska.gov/sites/default/files/sc/audio/S-15-0668_0.wav

Case Video of State v. Duncan:
(argument for State v Duncan begins at marker 24:30 / 1.45 with Omaha Public Defender ends at 49:11 with no time for rebuttal) LINK: https://supremecourt.nebraska.gov/video-arguments-03/02/2016

FROM THE CASE FILE

• A 12/07/2015 Brief of Appellee State: Click to view brief                           
• A 10/15/2015 Brief of Appellant Duncan: Click to view brief                           
• A 07/28/2015 Transcript Pages 1-84: Click to view Transcript from Douglas County District Court    

COURT OPINION

• Nebraska Supreme Court: 293 Neb. 359, No. S-15-668     

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