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State v. DeJong

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Date: 
Tuesday, December 3, 2013

S-12-0432, State v. Susan M. DeJong (Appellant)

Jefferson County, Judge Paul W. Korslund

Attorneys: James W. Mowbray, Jeffery Pickens (Nebraska Commission on Public Advocacy) (Appellant) --- James D. Smith (Attorney General’s Office)

Criminal: First degree murder, use of a weapon

Proceedings below: A jury found Appellant guilty of both offenses. She was sentenced to life in prison for first degree murder with a consecutive 50 to 50 year sentence for use of a weapon.

Issues: The district court erred in (1) admitting statements made by Appellant to law enforcement because Appellant invoked her Miranda rights; (2) admitting the statements made by Appellant to law enforcement as they were a product of compulsion and thus “fruit of the poisonous tree”; (3) admitting evidence of Thomas DeJong’s injuries on prior occasions and Appellant’s statements concerning those injuries as there was no evidence that Appellant committed a crime, wrong or act with respect to those injuries; (4) admitting evidence of Thomas DeJong’s injuries on prior occasions as the probative value of the evidence was substantially outweighed by the danger of unfair prejudice.

This page was last modified on Tuesday, December 3, 2013