State v. Clark

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State v. Clark

Case Number
Call Date
December 7, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0865 State of Nebraska (Appellee) v. Angelina M. Clark (Appellant)

Appeal from District Court for Lancaster County, Judge Darla S. Ideus

Attorneys:  Candice C. Wooster (Brennan, Nielsen, & Wooster Law for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee). 

Criminal:  Impartial Jury and Ineffective Assistance of Counsel

Proceedings below:  An all-male jury convicted Appellant of terroristic threats and third-degree sexual assault, and the trial court sentenced her to consecutive prison terms of one-year for terroristic threats and to six-months for third-degree sexual assault. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.          

Issues:  Appellant makes the following assignments of error:  1) Clark was denied her constitutional right to a fair trial and an impartial jury guaranteed by the Sixth and Fourteenth Amendments when Clark did not receive a jury of her peers because the jury was all-male; 2) There was insufficient evidence submitted to support a jury verdict that Clark violated Nebraska revised statute § 28-311.01, terroristic threats, because a rational trier of fact could not find all elements of the offense charged beyond a reasonable doubt; 3) Clark received ineffective assistance of counsel when Trial Counsel failed to object based on hearsay when Shauna Parker testified to statements made by Anthony Lawson; 4) Clark received ineffective assistance of counsel when Trial Counsel failed to object to the all-male jury; and 5) Clark received ineffective assistance of Counsel when Trial Counsel failed to file a Motion in Limine to keep out any statements regarding the purchase of drugs.

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