State v. Allen

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State v. Allen

Case Number
Court Number
Call Date
May 10, 2022
Case Time
9:30 AM
Case Summary

-21-0553, State of Nebraska (appellee) v. Massey L. Allen, Jr. (appellant)

Douglas County District Court, Judge Kimberly M. Pankonin

Attorney for Appellant: Jason E. Troia (Dornan, Troia, Howard, Breitkreutz, Conway, & Daulquist PC LLO)

Attorney for Appellee: Siobhan E. Duffy (Assistant Attorney General)

Criminal Action: Sufficiency of evidence; evidentiary objections; excessive sentence; ineffective assistance of counsel

Action Taken by Trial Court:  Following a jury trial, Allen was convicted and sentenced for one count of manslaughter and found to be a habitual criminal.

Assignments of Error on Appeal: Allen assigns that (1) the evidence was insufficient to sustain his conviction, (2) the evidence proved only a fight by mutual consent, which was not an appropriate predicate offense for manslaughter, (3) the district court erred in sustaining the State’s hearsay objections, (4) the court abused its discretion in failing to grant his motion for mistrial, and (5) the court abused its discretion in the sentence imposed. Allen also raises five separate claims of ineffective assistance by his trial counsel.

Case Location
Omaha Oral Arguments
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Chief Judge, Bishop and Welch, Judges