State v. McWilliams

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State v. McWilliams

Case Number
Call Date
March 1, 2017
Court Number
Case Summary

S-15-1107, State of Nebraska v. James McWilliams (Appellant)

Lancaster County District Court, Hon. John A. Colborn

Attorneys: DeAnn C. Stover for the Appellant; Douglas J. Peterson (Attorney General) and Melissa R. Vincent (Assistant Attorney General) for the Appellee.

Criminal: First-degree sexual assault, aggravated offense

Proceedings below: A jury convicted James of first-degree sexual assault, aggravated offense. The court denied James' motion for a new trial and sentenced him to 20-35 years, for the class II felony, with credit for 329 days served.

Issues: (1) Whether the State committed prosecutorial misconduct;

(2) whether a witness for the State committed misconduct;

(3) whether James was afforded effective assistance of counsel;

(4) whether the trial court erred in not granting James a new trial; and

(5) whether the sentence was excessive.