State v. McMillion

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State v. McMillion

Case Number
A-14-1166
Call Date
November 13, 2015
Case Time
9:30 AM
Case Summary

A-14-1166, State of Nebraska v. Candice McMillion (Appellant)

Sarpy County, District Court Judge David Arterburn

Attorney for Appellant: Thomas P. Strigenz (Public Defender's Office)

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

Criminal Action: First degree sexual assault of a child under 12, incest, 2 counts of visual depiction of sexually explicit conduct, and child abuse.

Action Taken by Trial Court: A jury found the appellant guilty of the above offenses and the trial court sentenced her to consecutive sentences imprisonment of 30 to 50 years, 1 to 5 years, 3 to 5 years, 3 to 5 years, and 2 to 5 years.

Assignments of Error on Appeal: The appellant contends that the trial court erred in (1) failing to provide her with a copy of a witness' notes when she reviewed them prior to testifying; (2) finding she did not have standing to challenge the search and seizure of a black Samsung cellular phone and memory card; (3) finding she did not have standing to challenge a subsequent consent to search a black Samsung cellular phone and memory card; (4) finding that the subsequent consent to search was voluntary and cured any defect of the previous search; (5) overruling her motion to withdraw; (6) overruling her motion to sequester the jury; (7) not granting her motion for mistrial due to prosecutorial misconduct during opening statements; (8) failing to remove a juror; (9) allowing a police detective to give an improper expert opinion; (10) accepting exhibits 31 and 32 into evidence over objection; (11) sustaining the State's motion in limine and not allowing a witness to testify due to discovery violations; (12) not giving her proposed jury instructions number 1, 2, and 3; (13) finding sufficient evidence to sustain the convictions; (14) in orally pronouncing a sentence which differed from the written sentencing order; (15) ordering that the victim was not required to have any contact with her during her sentence; (16) imposing mandatory consecutive sentences on all counts; and (17) imposing an excessive sentence.

Case Location
Omaha
Panel Text
Pirtle, Riedmann, and Bishop, Judges