State v. Burton

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State v. Burton

Case Number
A-15-0789
Call Date
May 10, 2016
Case Time
1:00 PM
Case Summary

A-15-0789, State of Nebraska v. Edward R. Burton (Appellant)

District Court of Buffalo County, District Judge John P. Icenogle

Attorney for Appellant: John H. Marsh (Knapp, Fangmeyer, Aschwege, Besse & Marsh, P.C.)

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

Criminal Action: Sexual Assault

Action taken by the Trial Court: The jury found Burton guilty of First Degree Sexual Assault, a Class II Felony, in violation of Neb. Rev. Stat. ' 28-319. During trial, the district court overruled objections made by Burton concerning the introduction of various photographs and certain witness testimony. The district court sentenced Burton to incarceration for a period not less than 7 years nor more than 15 years, with credit for 288 days served.

Assignments of Error and Issues on Appeal: Did the district court err in overruling Burton's hearsay objection to witness testimony regarding collected hair samples? Did the district court err in overruling Burton's relevancy and Rule 404 objections to witness testimony regarding marijuana, hashish, drug paraphernalia, and a sawed-off shotgun? Did the district court err in overruling Burton's foundation objection and admitting a photograph of hair strands? Did the district court error in overruling Burton's Rule 403 objection and admitting a photograph depicting marijuana and drug paraphernalia? Did the district court impose an excessive sentence?

Case Location
North Platte
Panel Text
Moore, Chief Judge, Inbody, and Riedmann, Judges