State v. Burke

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State v. Burke

Case Number
Call Date
December 15, 2015
Case Time
9:00 AM
Case Summary

A-15-0293, State of Nebraska v. Melanie M. Burke, now known as Melanie M. Marshall (Appellant)

Lincoln County, District Court Judge Donald E. Rowlands

Attorney for Appellant: William J. Erickson, Blaine T. Gillett

Attorney for Appellee: Douglas J. Peterson, Austin N. Relph (Attorney General's Office)

Criminal Action: Violation of Public Assistance

Action Taken by Trial Court: A jury found the appellant guilty of the offense of Violation of Public Assistance and the trial court sentenced her to 2 years' probation and restitution.

Assignments of Error on Appeal: Appellant assigns that the trial court erred in (1) failing to dismiss this matter upon the prosecution's judicial admission that the defendant did not, in fact, commit the crime charged; (2) failing to sustain the defendant's motion to dismiss at the close of the prosecution's case in chief, and in allowing the matter to go to the jury without requiring the prosecution to present sufficient evidence; (3) failing to properly instruct the jury as to the definition of 'willful'; and (4) failing to properly instruct the jury as to the proper determination of pecuniary loss.

Case Location
Panel Text
Pirtle, Riedmann, and Bishop, Judges