State v. Moss

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State v. Moss

Case Number
A-17-0733
Court Number
Sarpy
Call Date
May 15, 2018
Case Time
9:30 AM
Case Summary

A-17-0733, State v. Nicholas Moss (appellant)

Sarpy County, District Judge George Thompson

Attorney for Appellant:  Gregory A. Pivovar

Attorney for Appellee:  Douglas J. Peterson, Kimberly A. Klein (Attorney General’s Office)

Criminal Action:  first degree sexual assault, first degree false imprisonment, violation of a domestic violence protection order.

Action Taken by Trial Court:  A jury found Smith guilty of the above crimes. He was sentenced to 26 to 31 years’ imprisonment.

Assignments of Error on Appeal:  On appeal, Moss assigns that the district court erred in (1) denying his motion for discharge based on a violation of his speedy trial rights, (2) denying his motion to dismiss for destruction of evidence, (3) failing to grant a mistrial or admonish the jury due to the shocking of Moss during trial by a “stun belt,” (4) denying his motion for directed verdict and finding sufficient evidence to support the verdicts, (5) failing to grant probation, and (6) imposing an excessive sentence. Moss also assigns that he received ineffective assistance of counsel in several respects.

Case Location
Omaha
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Riedmann, and Bishop, Judges