S-13-0222, State v. Jamey R. Green (Appellant)
Lancaster County, Judge John Colborn
Attorneys: Christopher Eickholt (Public Defender’s Office for Appellant) --- Stacy M. Foust (Attorney General’s Office)
Criminal: Possession of a weapon by a prohibited person; constitutional challenge to statute
Proceedings below: The trial court overruled Appellant’s Plea in Abatement and Motion to Quash. The trial court overruled Appellant’s motions to suppress evidence. After a jury found Appellant guilty, the trial court imposed a sentence of 2 years’ probation.
Issues: (I) The evidence was insufficient to warrant a bindover of the felony charge at the
Preliminary Hearing; (II) The statute upon which this charge is based is unconstitutionally overbroad and vague; (III) The district court erred by failing to sustain the Motion to Quash the Information because the statute upon which the charge is based is overbroad and vague; (IV) The district court erred by failing to sustain the Motions to Suppress evidence observed and/or seized during the illegal searches of Mr. Green's residence; (V) The district court erred by failing to sustain the Motion to Suppress statements made by Mr. Green to law enforcement; (VI) The district court erred by failing to instruct the jury as to an entrapment defense; (VII) The evidence was insufficient to support the verdict of guilty to the charge f Possession of Deadly Weapon by Prohibited Person; (VIII) The district court erred by failing to declare a mistrial based on the prosecutor's improper closing argument.