State v. Ash (20)

S-12-0753, State v. Vencil Leo Ash III (Appellant)

Kimball County, Judge Derek C. Weimer

Attorneys: Kelly S. Breen (Nebraska Commission on Public Advocacy) (Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: First degree murder

Proceedings below: The jury found Appellant guilty of the above crime. He was sentenced to life imprisonment.

Issues: (1) The district court erred by denying Appellant’s motion to continue trial upon the co-defendant’s plea agreement to testify, which deal was struck on the eve of trial. (2) The district court erred in permitting the State to admit prior bad act evidence for an improper purpose and without prior hearing on admissibility.