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State v. Trice (20)

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Date: 
Thursday, May 30, 2013

S-12-0126, State v. De’Aris Trice (Appellant)

Madison County, Judge James G. Kube

Attorneys: Patrick P. Carney, Ryan J. Stover (Carney Law PC) (Appellant) --- Kimberly Klein (Attorney General’s Office)

Criminal: 2nd degree murder

Proceedings below: A jury found Appellant guilty of 2nd degree murder and he was sentenced to a term of 40 years to life imprisonment.

Issues: 1. The prosecutor is guilty of misconduct for instructing the jury in opening that Mr.

Trice was pursuing a theory of self-defense and referencing evidence which was inadmissible. 2. Trice's counsel was ineffective at opening statement for failing to object or request a mistrial due to the prosecutor's reference to inadmissible evidence. 3. The district court erred when it failed to sustain the objection of Trice's counsel to the last minute endorsement of witness Robyn Baldwin. 4. Trice's counsel was ineffective if they failed to competently research and prepare for the testimony of Robyn Baldwin. 5. Trice's counsel was ineffective for failing to object to the last minute endorsement of witnesses Jaron Hoard, and Guadalupe Reyes and failure to competently research and prepare for their testimony. 6. Trice's counsel was ineffective for failing to remove or strike for cause certain jurors. 7. The district court erred by admitting hearsay testimony from witness Guadalupe Reyes. The prosecutor committed misconduct by creating and repeatedly referring to a non-existent motive of hatred between two groups. 9. Trice's counsel was ineffective for failing to object to, or move for a mistrial based on prosecutorial misconduct involving motive. 10. Trice was denied 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 challenge the prosecutor’s expert. 11. The district court erred when it sustained objections relating to the testimony of Michael Bauer. 12. Trice's counsel was ineffective for failing to call a material witness. 13. The prosecutor committed misconduct in closing statement for referring to punishment of the defendant and justice for the victim's family. 14. Trice's counsel was ineffective for failing to request a change of venue due to pretrial publicity. 15. Trice was denied 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 advised him not to testify at trial. 16. The cumulative effect of the foregoing errors and prosecutorial misconduct deprived Mr. Trice of his rights to due process and a fair and impartial jury trial.

This page was last modified on Thursday, May 30, 2013