S-22-0672 State of Nebraska (Appellee) v. Kuldip Singh (Appellant)
Appeal from the District Court for Scotts Bluff County, Judge Leo P. Dobrovolny on appeal thereto from the County Court for Scotts Bluff County, Judge Kristen D. Mickey
Attorneys: Maren Lynn Chaloupka (Chaloupka Law LLC for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee)
Criminal: Liquor Control Act Violations
Proceedings below: A jury found Appellant guilty of four (4) counts of Evasion of Liquor Tax and four (4) counts of Acquiring Liquor from other than a Licensed Dealer. Appellant was ordered to serve consecutive sentences of thirty (30) days in jail on each Evasion of Liquor Tax conviction and was also ordered to pay fines and fees totaling $6,635.60. On appeal, the district court affirmed Appellant’s convictions and sentences. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The County Court’s sentence of Singh to 120 days in jail, following unusual comments that, among other things, breached the confidentiality of presentence investigation procedures, constituted an abuse of discretion which is subject to review and reversal on plain error; 2) The admission of “pole cam” evidence at trial after State breached its agreement that it would not use that evidence, leaving the defense without a fair opportunity to prepare or respond, constituted an abuse of discretion which is subject to review and reversal on plain error; and 3) Singh’s trial counsel was ineffective in failing to advise Singh that he had a viable defense based on State’s mistaken identification of the wrong defendant.