State v. Brooks

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State v. Brooks

Case Number
A-15-0017
Call Date
November 18, 2015
Case Time
9:00 AM
Case Summary

A-15-0017, State of Nebraska v. Clinton Brooks (Appellant)

Lancaster County, District Court Judge Robert Otte

Attorney for Appellant: Joe Nigro and Yohance Christie (Public Defender's Office)

Attorney for Appellee: Douglas J. Peterson, George R. Love (Attorney General's Office)

Criminal Action: Theft by Deception and Unauthorized Practice of Law

Action Taken by Trial Court: A jury found Appellant guilty of the above offenses and the trial court sentenced him to consecutive sentences of 15 to 35 months for theft by deception and 3 months for the unauthorized practice of law.

Assignments of Error on Appeal: Appellant contends that (1) the district court erred in failing to allow testimony regarding a witness' reputation for untruthfulness, (2) the district court erred when it did not allow four witnesses to testify about their prior positive interactions with Appellant, (3) there was insufficient evidence to sustain Appellant's conviction for the unauthorized practice of law because the evidence the State presented to support the conviction fell outside the statute of limitations, (4) the district court erred when it provided a jury instruction that allowed the jury to consider evidence outside the statute of limitations on the unauthorized practice of law charge, (5) there was insufficient evidence to sustain Appellant's conviction for theft by deception, (6) the district court violated Appellant's right to allocution when it refused to allow his wife to speak at the sentencing hearing, (7) the district court abused its discretion at sentencing when it considered three letters from attorneys regarding Appellant's actions after his conviction, (8) the sentence Appellant received was excessive, (9) the district court erred in not granting Appellant's motion for new trial, and (10) Appellant's trial counsel was ineffective.

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Irwin, and Inbody, Judges