State v. Bigelow

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State v. Bigelow

Case Number
S-18-0006
Call Date
May 22, 2019
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-18-0006 State v. Shannon D. Bigelow (Appellant)

Lancaster County District Court, Honorable Kevin R. McManaman

Attorneys: Melissa R. Vincent with Derek T. Bral as a senior certified law student (Attorney General’s Office) --- Mark E. Rappl (Appellant)

Criminal Action: Assault of an Officer, 3rd Degree; Jury Instructions; Ineffective Assistance.

Proceedings Below: Following a jury trial, Bigelow was convicted of assault of an officer, 3rd degree. The court found Bigelow to be a habitual criminal and sentenced him to 10 to 12 years’ imprisonment. The Court of Appeals affirmed. Appellant filed a petition for further review, which was granted by the Nebraska Supreme Court.

Issues: The Court of Appeals erred in concluding that the evidence did not warrant an insanity jury instruction.