State v. Case

Summary

The Nebraska Supreme Court affirmed Trevor S. Case’s conviction and sentence for assault by a confined person. The court held that the evidence did not support a self-defense instruction, rejected his challenge to admission of a recorded jail telephone call based on late disclosure, and determined that sufficient evidence supported the conviction.

Holdings

1. The district court did not err in refusing the proposed self-defense instruction because the evidence did not support a legally cognizable theory of self-defense. Case voluntarily left his cell and approached Burley without evidence that he was prevented from remaining safely inside his cell, thereby unjustifiably placing himself in harm's way.
2. Case waived any right to relief under Neb. Rev. Stat. § 29-1912 by failing to request a continuance after the State disclosed the recording. The district court therefore did not err in admitting the recording.
3. The evidence was sufficient to support Case's conviction for assault by a confined person.

Questions Presented

1. Whether the district court erred by refusing to give Case's proposed self-defense jury instruction.
2. Whether the district court erred by admitting the recording of Case's jail telephone call after its late disclosure under the criminal discovery statute and discovery order.
3. Whether sufficient evidence supported Case's conviction for assault by a confined person.

Disposition

affirmed