State v. Duncan

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State v. Duncan

Case Number
S-15-0668
Call Date
March 2, 2016
Court Number
Douglas
Case Summary

S-15-0668 State v. Gregory Duncan (Appellant)

Douglas County, Judge Leigh Ann Retelsdorf

Attorneys: Nathan A. Liss (Attorney General's Office) --- Cindy A. Tate (Public Defender's Office) (Appellant)

Criminal: 3rd degree assault, discrimination based

Proceedings below: Appellant was convicted following a jury trial and sentenced to 12 to 18 months.

Issues: 1) The district court erred in its determination of the meaning and reach of the assault third degree, discrimination based 'hate crime' statute in Nebraska and its application to this incident with the Appellant, 2) the district court erred in not granting Appellant's motion to dismiss at the close of the State's case, 3) the district court erred in not granting Appellant's motion to dismiss at the close of Appellant's case, 4) the district court erred in denying Appellant's requested special jury instruction on the definition of sexual orientation, 5) Appellant's trial counsel was ineffective, and 6) the district court abused its discretion in imposing an excessive sentence.