A-17-1186, State of Nebraska v. William E. Howell, Jr. (Appellant)
Lancaster County, District Court Judge Robert R. Otte
Attorney for Appellant: Matt Catlett
Attorney for Appellee: Douglas J. Peterson, Joe Meyer (Attorney General’s Office)
Criminal Action: Theft by Unlawful Taking ($1,500 to $5,000)
Action Taken by Trial Court: After a jury trial, Appellant was found guilty of theft by unlawful taking. The court overruled Appellant’s subsequent motion for a new trial. The district court then sentenced Appellant to 20 months’ imprisonment followed by 12 months of post-release supervision.
Assignments of Error on Appeal: On appeal, Appellant asserts that the district court erred in (1) finding that a consent to search without a warrant was not obtained through duress; (2) admitting certain statements into evidence over his hearsay objections; (3) permitting the prosecution to refer to the alleged hearsay statements during opening statements and closing arguments; (4) refusing to allow Appellant to testify regarding the nature of his prior felony conviction; (5) admitting evidence of uncharged crimes; (6) refusing to give Appellant’s proposed jury instructions; and (7) denying Appellant’s motion for a new trial.