S-13-0062, State v. Lucio Rodriguez (Appellant)
Scotts Bluff County, Judge Leo Dobrovolny
Attorneys: Kimberly Klein (Attorney General’s Office) --- Bell Island (Island & Huff PCLLO) (Appellant)
Criminal: DUI, 3rd offense, BAC greater than .15, Class IIIA felony
Proceedings below: Appellant was found guilty by a jury of the offense. He was sentenced 60 days in jail, his license was suspended for 5 years and he was ordered to pay court costs. The Court of Appeals affirmed in a memorandum opinion. See A-13-0062, State v. Rodriguez (December 3, 2013). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in (1) determining readily observable facts were sufficient corroboration of an anonymous informant for a constitutionally valid stop; (2) failing to grant a mistrial for the prosecutor’s pursuit of a charge which could not be proven at trial.