State v. Johnson

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State v. Johnson

Case Number
S-22-0460
Call Date
March 3, 2023
Case Time
9:00 AM
Court Number
Madison
Case Location
Lincoln
Court Type
District Court
Case Summary

S-22-0460 State of Nebraska (Appellee) v. Lindsay M. Johnson (Appellant)

Appeal from the District Court for Madison County, Judge James B. Kube

Attorneys:  Timothy Noerrlinger (Naylor & Rappl for Appellant) and Matthew Lewis (Asst. Attorney General for Appellee) 

Criminal: Assault, Negligent Child Abuse, Statute of Limitations, Self-defense, and Excessive Sentence

Proceedings Below: Despite raising statute of limitations and self-defense arguments at trial, Appellant was convicted of Second-Degree Assault and Negligent Child Abuse.  Appellant was sentenced to six (6) to ten (10) months in prison on each count, to be served concurrently.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignments of error:  1) The District Court committed reversible error by accepting a guilty verdict for negligent child abuse when the statute of limitations had run, and Appellant did not waive her statute of limitations defense; 2) The District Court committed reversible error by failing to instruct the jury on self-defense; 3) The District Court committed reversible error by failing to sequester a State’s witness at Appellant’s request in violation of Neb. Rev. Stat. § 27-615 (Reissue 2016); 4) The District Court erred by imposing an excessive sentence; 5) Appellant was denied her right to effective assistance of counsel when trial counsel failed to file a motion to quash the Amended Complaint; and 6) Appellant was denied her right to effective assistance of counsel when trial counsel failed to ensure that an impartial jury was impaneled for trial.

Schedule Code
SC