State v. Hoerle

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State v. Hoerle

Case Number
Call Date
August 31, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-1003 State v. Jared S. Hoerle (Appellant)

Lancaster County, Judge Jodi Nelson

Attorneys: Mark E. Rappl (for Appellant) --- Nathan A. Liss (Attorney General’s Office)

Criminal: DUI, with BAC over .150, 3rd offense

Proceedings below: Appellant was found guilty by jury of the offense. Appellant moved for a new trial due to Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). The court denied the motion for new trial. After an enhancement hearing, Appellant was sentenced to 3 years’ probation, 60 days imprisonment and a $1000 fine. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in denying Appellant’s motion for new trial. 

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