A-22-0259 State of Nebraska v. Colin B. Embree (appellant)
Nemaha County District Court, Judge Julie D. Smith
Attorney for Appellant: Ryan P. Watson (Wagner Meehan & Watson, LLP)
Attorney for Appellee: Austin Relph (Attorney General's Office)
Criminal Action: First Degree Sexual Assault
Action Taken by Trial Court: The district court admitted portions of the DNA evidence, overruled the objections made during the State's closing argument, allowed testimony under Neb. Rev. Stat. § 27-403, and overruled the motion to sequester. Following a jury trial, Embree was found guilty of First Degree Sexual Assault and sentenced to 10 to 20 years' imprisonment.
Assignments of Error on Appeal: Appellant assigns: that the district court erred by failing to exclude inconclusive DNA results under § 27-403; the district court erred by allowing the prosecutor to state Embree was the contributor of the inconclusive DNA during closing arguments; the district court erred by finding clear and convincing evidence of prior bad acts under Neb. Rev. Stat. § 27-414 because the witness was not credible and the exhibits received at the hearing lacked foundation; the district court erred by finding the testimony of C.B. was not unfairly prejudicial under § 27-403; the district court erred by failing to sequester a witness; the district court's errors were cumulative; and trial counsel was ineffective.