S-14-0083 State v. Matthew G. Hinrichsen (Appellant)
Antelope County District Court, Judge James G. Kube
Attorneys: Nathan A. Liss (Attorney General's Office) --- James R. Mowbray & Todd W. Lancaster (Nebraska Commission on Public Advocacy)
Criminal: Murder, 1st degree; possession of firearm; use of firearm
Proceedings below: Appellant was found guilty following a jury trial.
Issues: The district court erred in instructing the jury 1) concerning elements of first degree murder without instructing that the State had to prove the killings were not the result of a sudden quarrel brought about by sufficient provocation, 2) as to the definition of 'sudden quarrel,' 3) improperly on the definition of 'premeditation,' and 4) without giving the requested 'intoxication' instruction. The district court erred by allowing photographic evidence of the victims while they were alive.