S-12-0279, State v. Shawn A. McGuire (Appellant)
Douglas County, Judge J. Russell Derr
Attorneys: Sarah M. Mooney (Appellant) --- Stacy M. Foust (Attorney General’s Office)
Criminal: Second degree murder; use of a deadly weapon; conspiracy to deliver and possess a controlled substance.
Proceedings below: The jury convicted Mr. McGuire of Second Degree Murder, Use of a Deadly Weapon and Criminal Conspiracy to unlawfully possess and deliver a controlled substance; and the amount of the controlled substance was 864 grams. He was sentenced forty to sixty years for 2nd degree murder; twenty-five to twenty-five years for use of a weapon and forty to forty years for conspiracy. The sentences were ordered to be served consecutively. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1. The trial court erred when it allowed previous trial counsel to withdraw from Mr. McGuire's case less than ninety days before trial. 2. The trial court erred when it ruled that Mr. McGuire could waive the conflict of interest when his previous trial counsel withdrew from his case and then took a job with the County Attorney's Office in the division which was prosecuting Mr. McGuire in this case. 3. The trial court erred when it ruled that the State could present prior bad acts evidence in this case. 4. Trial counsel was ineffective when he failed to request Robbery and Attempted Robbery Jury Instructions in this case and when he failed to file Motion for New Trial. 5. The trial court erred when it failed to use the Defendant's proposed Manslaughter Jury Instruction. 6. The State did not present sufficient evidence to convict Mr. McGuire of Second Degree Murder, Criminal Conspiracy and Use of a Deadly Weapon to Commit a Felony. 7. The trial court abused its discretion by imposing upon Mr. McGuire an excessive sentence.