S-22-0225 State of Nebraska (Appellee) v. Tony W. Osborne (Appellant)
Appeal from the District Court for Otoe County, Judge Julie D. Smith
Attorneys: Keith M. Kollasch (Kollasch Law Office for Appellant) and Jordan M. Osborne (Assistant Attorney General for the Appellee)
Criminal: Possession of Methamphetamine, Evidence, and Chain of Custody
Proceedings Below: Appellant was charged with possession of methamphetamine and possession of a controlled substance without a tax stamp. He filed a motion in limine that challenged the State’s chain of custody of evidence in his case, which was overruled by the trial court. Appellant was found guilty of the charges and was sentenced to ten (10) to thirty (30) years in prison. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issue on Appeal: Appellant makes the following assignments of error: 1) The Court erred in denying Appellant’s Motion in Limine regarding evidence which was under the control of Anna Idigima; and 2) The evidence was not sufficient to support the District Court’s guilty verdict for Possession of a Controlled Substance with Intent to Deliver, To Wit: Methamphetamine 10>28 Grams, Habitual Offender and Possession of a Controlled Substance without Tax Stamp, Habitual Offender because a rational trier of fact could not have concluded that Appellant had committed all the essential elements of the offenses beyond a reasonable doubt.