State v. Grutell

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State v. Grutell

Case Number
Call Date
February 6, 2020
Case Time
9:00 AM
Court Number
Case Location
University of Nebraska College of Law
Court Type
District Court
Case Summary

S-18-0352 State of Nebraska (Appellee) v. Louis R. Grutell (Appellant)

Stanton County District Court, Judge Mark Johnson

Attorneys: Douglas Peterson and Joe Meyer (Office of the Attorney General, for Appellee); Nathan S. Lab (McGough Law P.C. L.L.O., for Appellant)

Criminal: Jury instructions; Ineffective assistance of counsel; Sentencing

Proceedings Below: A jury convicted Appellant of driving under the influence, 4th offense, with alcohol concentration of more than .150. The court sentenced Appellant to 18 to 36 months in prison.

Issues: Appellant assigns that 1) the district court erred in holding that the State had no obligation to show that Appellant’s operation of a motor vehicle while intoxicated occurred on a public roadway or private roadway with public access pursuant to Neb. Rev. Stat. § 60-6,108; 2) the district court erred in giving jury instructions that were an incorrect statement of law; 3) trial counsel was ineffective in failing to object to jury instructions and failing to move for directed verdict pursuant to § 60-61,108; and (4) the district court imposed an excessive sentence.

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