A-22-0504, State of Nebraska v. Ryan G. Long (appellant)

Lancaster County, District Judge Jodi L. Nelson

Attorney for Appellant:  Trevin H. Preble, Coehn W. Preble (Preble Law Firm, PC, LLO)

Attorney for Appellee:  Melissa R. Vincent (Nebraska Attorney General’s Office)

Criminal Action Action:  Evidentiary Objections; Sufficiency of Evidence; Ineffective Assistance of Counsel

Action Taken by Trial Court:  The district court overruled Appellant’s objections to the State’s use of text messages and allowed the messages to be entered into evidence and accepted the jury’s verdict of guilt.

Assignments of Error on Appeal:  Appellant assigns that the district court erred in overruling his objection to the State’s use of text messages because the messages could not be properly authenticated, were hearsay with no exception available, were offered for the truth of the matter asserted, and were more prejudicial than probative; that the district court erred by allowing the case to go to the jury because the evidence was insufficient to support a verdict because the alleged assault and use of a firearm could not be proven beyond a reasonable doubt; and that he received ineffective assistance of trial counsel when trial counsel failed to contact or meet with a key witness to the alleged events surrounding the case.