State v. Clausen

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State v. Clausen

Additional Case Names

9:00 am

Case Number
Call Date
November 4, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0109 State of Nebraska v. Timothy J. Clausen (Appellant)

Lancaster County District Court, Judge Andrew R. Jacobsen

Attorneys: Nathan A. Liss (Office of the Attorney General, for Appellee); Christopher Eickholt (Eickholt Law, LLC, for Appellant)

Criminal: Exclusion of witnesses’ testimony; Ineffective assistance of counsel; Sentencing

Proceedings Below: A jury convicted the Appellant of three felony charges. The court, upon finding him to be a habitual criminal for purposes of sentence enhancement, then ordered a sentence of 80 to 140 years’ imprisonment.

Issues: Whether 1) the testimony of a defense witness was properly excluded based on invocation of his Fifth Amendment privilege not to testify in related matters; 2) the testimony of a defense witness was properly excluded based on the trial court’s determination that the testimony would likely be irrelevant and based on hearsay; 3) the defendant’s testimony was properly excluded based on two outbursts made during cross-examination; 4) the trial court erred in failing to provide a no-inference instruction to the jury after the defendant’s testimony was excluded; 5) the trial court denied the defendant his constitutional right to present a defense by excluding the testimony of the defendant and his two witnesses; 6) the defendant’s appointed trial counsel was constitutionally ineffective; and 7) the defendant’s sentence was excessive.

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