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State v. DuBray (20)

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Date: 
Friday, February 7, 2014

S-12-1171, State v. Dominick DuBray (Appellant)

Box Butte County, Judge Travis P. O’Gorman

Attorneys: Stacy M. Foust (Attorney General’s Office) --- Sarah Newell (Nebraska Commission on Public Advocacy)

Criminal: Two counts First Degree Murder and two counts Use of a Deadly Weapon to Commit a Felony

Proceedings below: A jury found Appellant guilty of all crimes. The trial court sentenced Appellant to an indeterminate term of life imprisonment on Counts 1 and 2 and not less than 30 nor more than 40 years in prison on Counts 3 and 4. All counts were ordered to be served consecutively.

Issues: l. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth and Fourteenth Amendments to the United States Constitution And Their Nebraska Counterparts When Trial Counsel Failed To Move To Suppress His Statements As Involuntarily Made.

 

2. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, § 11 Of The Nebraska Constitution, When Trial Counsel Failed to Request A Jury Instruction On Intoxication And /or Not Challenging The Constitutionality of Neb. Rev. Stat. 5 29-122 (Cum. Supp. 2012).

3. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, §  11 Of The Nebraska Constitution, When His Trial Counsel Failed To Object At Trial To The Court's Jury Instruction Defining Sudden Quarrel.

4. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, §  11 Of The Nebraska Constitution, When Trial  ounsel Failed To Call Megan Reza To Testify That Cathy Kept One Of The Knives In Her Bedroom For Her Own Protection Against Intruders.

5. The Court Erred By Allowing Cumulative, Misleading, and Gruesome Photographs, Despite Their Undue Prejudice Contrary To Neb. Rev. Stat. 27-403.

6. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, § 11 Of The Nebraska Constitution To The Extent Assignment of Error No. 5 Was Waived For Lack Of Objection.

7. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, §  11 Of The Nebraska Constitution, When Trial Counsel Failed to Subpoena Jonathan Stoeckle To Testify About Dominick's Condition After The Incident.

8. The State Engaged In Prosecutorial Misconduct Both In Closing Arguments And In Asking Objectionable Questions Repeatedly Even After The Court Sustained Defense Counsel's Objection.

9. Dominick Was Denied The Effective Assistance Of Counsel, As Guaranteed By The Sixth And Fourteenth Amendments To The United States Constitution and Art. I, § 11 Of The Nebraska Constitution To The Extent Assignment of Error No. 8 Was Waived For Lack Of Objection.

This page was last modified on Friday, February 7, 2014