State v. Hinrichsen (20)

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State v. Hinrichsen (20)

Case Number
Call Date
May 26, 2015
Court Number
Case Summary

S-14-0083 State v. Matthew G. Hinrichsen (Appellant)

Antelope County District Court, Judge James G. Kube

Attorneys: Nathan A. Liss (Attorney General's Office) --- James R. Mowbray & Todd W. Lancaster (Nebraska Commission on Public Advocacy)

Criminal: Murder, 1st degree; possession of firearm; use of firearm

Proceedings below: Appellant was found guilty following a jury trial.

Issues: The district court erred in instructing the jury 1) concerning elements of first degree murder without instructing that the State had to prove the killings were not the result of a sudden quarrel brought about by sufficient provocation, 2) as to the definition of 'sudden quarrel,' 3) improperly on the definition of 'premeditation,' and 4) without giving the requested 'intoxication' instruction. The district court erred by allowing photographic evidence of the victims while they were alive.