State v. Boppre

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State v. Boppre

Case Number
Call Date
April 26, 2022
Case Time
9:00 AM
Court Number
Scotts Bluff
Case Location
Court Type
District Court
Case Summary

S-21-0515 State of Nebraska v. Jeff Boppre (Appellant)

Appeal from District Court for Scottsbluff County, Judge Andrea D. Miller

Attorneys:  Stacy M. Foust (Attorney General’s Office) ---Bell Island (Island Law Office); Thomas P. Frerichs (Frerichs Law Office); Sara Shaw Tatim and Andrea Butler (Kirkland & Ellis LLP) and Vanessa Potkin, Tara Thompson (Innocence Project) for Appellant Boppre

Criminal: Motion for New Trial based upon Newly Discovered Evidence.

Proceedings below: The district court denied Appellant’s Motion for New Trial based upon newly discovered evidence.

Issues: Appellant asserts that the trial court erred in: 1) denying Boppre’s motion for a new trial without holding an evidentiary hearing, nor issuing findings of fact and conclusions of law as required by Nebraska law where the defendant “set[s] forth facts which, if true, would materially affect [his] substantial rights.” N.R.S. § 29-2102(2) and 2) by evaluating Boppre’s “claims” rather than the newly discovered evidence supporting his claims.

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