State v. Harden

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State v. Harden

Additional Case Names
1:25pm WEBEX
Case Number
A-20-0130
Court Number
Adams
Call Date
December 9, 2020
Case Time
1:00 PM
Case Summary

A-20-0130, State v. Daniel B. Harden (Appellant)

Adams County District Court, Judge Terri S. Harder

Attorney for Appellant:  Shon Lieske & John Heieck (Public Defender’s Office)

Attorney for Appellee:  Douglas J. Peterson & Melissa R. Vincent (Attorney General’s Office)

Criminal Action:   Conspiracy to Commit Robbery

Action Taken by Trial Court: A jury found Harden guilty of conspiracy to commit robbery, and not guilty of first degree murder and use of a firearm to commit a felony. The court imposed a sentence of 40 to 44 years’ imprisonment. 

Assignments of Error on Appeal: Did Harden’s trial counsel provide ineffective assistance by failing to object to the jury instruction on the elements of conspiracy to commit robbery because it failed to include withdrawal as a defense? Did the trial court err in failing to include withdrawal as an affirmative defense to conspiracy in the jury instructions? Did the trial court err in overruling his objection during the sentencing hearing to the State asking the court to consider information relevant only to the charges on which he was acquitted? Did the trial court impose an excessive sentence?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Chief Judge, Moore, and Riedmann, Judges