S-10-1228, State v. Jeremy D. Foster (Appellant)

Douglas County, Judge Peter C. Batillon

Attorneys: Michael J. Wilson, Glenn Shapiro (Schaefer Shapiro, LLP) (for Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: Count I: First degree murder; Count II: Use of a firearm to commit a felony; Count III: Second degree assault; Count IV: Use of a firearm to commit a felony; Count V: Second degree assault; Count VI: Use of a firearm to commit a felony; Count VII: Second degree assault; Count VIII: Use of a firearm to commit a felony; Count IX: Second degree assault; Count X: Use of a firearm to commit a felony

Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced as follows: Count I: Life in prison; Count II: 40-50 years; Counts III, V, VII, and IX: 4 to 5 years each; Counts IV, VI, VIII, and X: 10 to 20 years each. Each sentence was ordered to be served consecutively to each other. Credit was given for time served.

Issues: The district court erred in (1) failing to sever Appellant’s trial from that of co-defendant Smith because their irreconcilable and mutually antagonistic defenses reduced their trial to a contest between them and erred in admitting multiple hearsay statements against him; (2) permitting the jurors to separate after submission of Appellant’s case without first obtaining Appellant’s voluntary, knowing and intelligent waiver of his right to sequestration of the jury.