State v. Braesch (20)

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State v. Braesch (20)

Case Number
Call Date
September 29, 2015
Court Number
Case Summary

S-14-1091 State v. Steven R. Braesch (Appellant)

Sarpy County, Judge Max Kelch

Attorneys: James Martin Davis (Appellant) --- Kimberly A. Klein (Attorney General's Office)

Criminal: First degree murder; Use of a firearm to commit a felony; Negligent child abuse

Proceedings below: After a trial to the court, Appellant was found guilty of the above charges. He was sentenced to a term of life in prison for first degree murder; 10 years in prison for use of a firearm; and a 1 year sentence for negligent child abuse. All sentences were ordered to be served consecutively.

Issues: 1 Even viewing the evidence in the light most favorable to the prosecution, the State failed to prove beyond a reasonable doubt that the Defendant killed his father with the deliberate and premeditated malice required for first degree murder. 2. The trial court abused its discretion in refusing to allow the opinion of the Defendant's expert witness that the Defendant's active bipolar symptoms, combined with recent substance abuse of methamphetamine, alcohol, cocaine, marijuana and prescription medications, interfered with his ability to form the volitional intent required for first degree murder. 3. The evidence presented at the hearing on the Defendant's motion for new trial showed that the Defendant did not freely, voluntarily, knowingly and intelligently waive his right to trial by jury and consent to a trial before the court.