State v. Ewinger

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State v. Ewinger

Case Number
Court Number
Call Date
May 14, 2019
Case Time
9:00 AM
Case Summary

A-18-470, State v. Ewinger (Appellant)

Douglas County, District Court Judge Shelly R. Stratman

Attorney for Appellant:  Joseph L. Howard (Dornan, Troia, Howard, Breitkeutz & Conway PC, LLO)

Attorney for Appellee:  Douglas J. Peterson, Austin N. Relph (Attorney General’s Office)

Criminal Action:  First Degree Sexual Assault of a Child

Action Taken by Trial Court:  Following a jury trial, the appellant was convicted of first degree sexual assault of a child and sentenced to 55 to 85 years’ imprisonment.

Assignments of Error on Appeal:  Appellant contends that the trial court erred in: (1) granting the State’s motion in limine to admit evidence; (2) by admitting corroborating testimony of Wilbur Boer; (3) by not granting a mistrial and admitting irrelevant evidence; (4) b allowing Sarah Cleaver and April Anderson to testify as experts; (5) by not dismissing and replacing the contaminated jury pool; (6) by failing to admit text message impeachment evidence; (7) by allowing Barfield comments in closing arguments; (8) in denying his motion for a new trial; and (9) imposing an excessive sentence. He also contends his trial counsel was ineffective for: (1) “not demanding the court apply the higher standard of similarity”; (2) failing to demand a full evidentiary hearing; (3) failing to object to irrelevant evidence; (4) failing to object to the expert testimony of Cleaver and Anderson; (5) “failing to hire experts, failing to investigate or suppress pornographic website evidence failing to raise a Brady violation, failing to move for a new jury pool, failing to object to Barfield violations during closing, offering no medical evidence of defendant’s erectile dysfunction, failing to timely relate a plea bargain, advising Defendant not to testify, not investigating other suspects, ineffectively cross-examining witnesses, failing to investigate impeachment witnesses, and failing to continue trial;” and (6) that, due to all of the error in aggregate, a new trial is warranted.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Arterburn, Riedmann, and Welch, Judges