S-12-1228, State v. Nicholas J. Ely (Appellant)
Douglas County, Judge J. Michael Coffey
Attorneys: George R. Love (Attorney General’s Office) --- Mary C. Gryva (Frank & Gryva PCLLO) (for Appellant)
Criminal: First Degree Murder; Use of a Weapon to Commit a Felony
Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced to life without parole for First Degree Murder with a consecutive sentence of 5 to 5 years for Use of a Weapon.
Issues: 1. That the evidence adduced at trial was insufficient to sustain the verdicts rendered by the jury. 2. The court erred in granting the state's motion in limine. 3. The giving of a flight instruction to the jury was prejudicial and prevented the Appellant from receiving a fair trial.