State v. Johnson

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State v. Johnson

Case Number
A-21-0611
Court Number
Hall
Call Date
April 13, 2022
Case Time
1:00 PM
Case Summary

A-21-0611, State of Nebraska (appellee) v. Antoine C. Johnson (appellant)

Hall County, District Court, Judge John H. Marsh

Attorney for Appellant: Gerard A. Piccolo (Hall County Public Defender)

Attorney for Appellee: Nathan A. Liss (Assistant Attorney General)

Criminal Action: Admissibility of evidence; Double Jeopardy

Action Taken by Trial Court:  Following a jury trial, Johnson was convicted and sentenced for one count of attempted second degree murder, one count of first degree assault, one count of discharge of a firearm in a city of the first class, and three counts of use of a deadly weapon to commit a felony.

Assignments of Error on Appeal: Johnson assigns that the district court erred in (1) not disqualifying a witness from testifying due to the State’s failure to disclose its cooperation agreement with that witness prior to the first day of trial; (2) taking judicial notice of the population of Grand Island, Nebraska; (3) not allowing another witness’ prior convictions for violent conduct into evidence pursuant to Neb. Rev. Stat. § 27-405(2) (Reissue 2016); and (4) allowing evidence to be placed before the jury concerning an incident involving Johnson and two witnesses in the courthouse during trial pursuant to Neb. Rev. Stat. § 27-404 (Reissue 2016). Johnson also contends that the consecutive sentences imposed for his convictions for discharge of a firearm in a city of the first class and use of a firearm to commit a felony violate his right against double jeopardy.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Bishop, and Arterburn, Judges