A-19-0288, State of Nebraska v. Jared A. Kirkendall (Appellant)
District Court for Lancaster County, District Judge Jodi L. Nelson
Attorneys for Appellant: Webb E. Bancroft & Ella Newell (Lancaster County Public Defender’s Office)
Attorney for Appellee: Kimberly A. Klein (Attorney General’s Office)
Criminal Action: Possession of a controlled substance
Action taken by the Trial Court: Following a jury trial, Kirkendall was convicted of possession of a controlled substance. The trial court sentenced him to18 months’ imprisonment, with credit for 72 days’ served, followed by 12 months’ post release supervision.
Assignments of Error on Appeal, Reordered: Did the trial court err in granting the State’s motion in limine and did its ruling violate his Sixth Amendment right to confrontation? Was the evidence adduced at trial sufficient to sustain a conviction for possession of a controlled substance? Did the trial court abuse its discretion by imposing an excessive sentence? Did Kirkendall receive ineffective assistance of trial counsel when his attorney failed to preserve the error for appellate review, failed to further Kirkendall’s theory of the case on cross examination, and by calling a particular witness to the stand?