State v. Cullen (20)

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State v. Cullen (20)

Case Number
Call Date
October 1, 2015
Court Number
Case Summary

S-14-0509 State v. Sarah A. Cullen (Appellant)

Douglas County, Judge W. Mark Ashford

Attorneys: Stacy M. Foust (Attorney General's Office) --- Barry S. Grossman, Michael J. Fitzpatrick (Appellant)

Criminal: Child abuse resulting in death, a Class IB felony

Proceedings below: A jury found Appellant guilty of child abuse resulting in death. She was sentenced 70 years to no more than life in prison.

Issues: I. The District Court erred in denying Appellant's Motion for a Mistrial on the basis of allowing admission of prior bad acts evidence pursuant to Neb. Rev. Stat. ' 27-404(2); and overruling Defendant's counsel's objection that the Prosecutor's closing argument was improper. II. That the District Court failed to sustain the Defendant counsel's objection and order a mistrial due to prosecutorial misconduct during closing argument. III. The District Court abused its discretion and imposed an excessive sentence. IV. Appellant received ineffective assistance of counsel.