State v. Price

Summary

The Nebraska Supreme Court affirmed James S. Price’s convictions and concurrent sentences for aiding and abetting robbery and aiding and abetting first degree assault. The court addressed claims concerning a mistrial and plea in bar, prosecutorial misconduct, denial of a new trial, sufficiency of the evidence, excessive sentences, and ineffective assistance of counsel. It declined to consider the ineffective-assistance claim because the assignment of error did not specifically allege deficient performance.

Holdings

1. The Nebraska Court of Appeals' prior rulings concerning the mistrial and denial of the plea in bar established the law of the case, and Price presented no materially and substantially different facts warranting reconsideration.
2. Because Price neither objected to the prosecutor's closing remarks nor moved for a mistrial, his prosecutorial-misconduct claim was waived except for plain-error review; the court found no plain error.
3. The district court did not abuse its discretion in denying Price's motion for a new trial.
4. The evidence was sufficient to support Price's convictions for aiding and abetting robbery and aiding and abetting first degree assault.
5. The concurrent sentences of 25 to 40 years' imprisonment were within the statutory limits, and the district court did not abuse its discretion in imposing them.
6. The court did not consider Price's ineffective-assistance claim because his direct-appeal assignment of error failed to specifically allege deficient performance.

Questions Presented

1. Whether the Supreme Court should reconsider claims concerning the first trial's mistrial and the denial of Price's plea in bar, including whether the jury should have been questioned about deadlock on each count.
2. Whether the prosecutor committed misconduct during closing argument and whether the district court plainly erred by failing to declare a mistrial sua sponte.
3. Whether the district court abused its discretion by denying Price's motion for a new trial.
4. Whether sufficient evidence supported Price's convictions for aiding and abetting robbery and aiding and abetting first degree assault.
5. Whether Price's concurrent sentences of 25 to 40 years' imprisonment were excessive.

Disposition

affirmed