S-12-1077, State v. Ryan M. Elseman (Appellant)
Douglas County, Judge J. Michael Coffey
Attorneys: Kimberly A. Klein (Attorney General’s Office) --- Donald L. Schense (Appellant)
Criminal: First degree murder; use of a weapon to commit a felony
Proceedings below: A jury found Appellant guilty of both counts. He was sentenced to life in prison for the murder charge with a consecutive sentence of 25-30 years for the weapons charge.
Issues: l. The State failed to present sufficient evidence to convict the Appellant of any of the crimes for which he was charged. 2. The State failed to present sufficient evidence to convict the Appellant of the crime of First Degree Murder and Use of a Weapon to Commit a Felony. 3. The District Court committed error when it allowed the receipt of text messaging evidence to the jury for its consideration. 4. The trial court committed plain error in failing to sustain in its entirety the Appellant's motion for a finding or not guilty or in the alternative the court directing a verdict of not guilty as it pertains to the Appellant at the close of the evidence presented.