State v. Pelc

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State v. Pelc

Case Number
Court Number
Call Date
March 13, 2019
Case Time
1:30 PM
Case Summary

District Court for Boyd County, District Judge Mark D. Kozisek

Attorney for Appellant:  Bradley Aaron Ewalt (Ewalt Law Firm)

Attorney for Appellee:  Nathan Andrew Liss (Attorney General’s Office)

Criminal Action:  Strangulation, terroristic threats, and false imprisonment

Action taken by the Trial Court:  Following a jury trial, Pelc was found guilty of all three charges. After an enhancement hearing, the trial court found him to be a habitual criminal pursuant to Neb. Rev. Stat. § 29‑2221 (Reissue 2016), and it subsequently  imposed concurrent sentences of a mandatory minimum of 10 years in prison and a maximum of 14 years.

Assignments of Error on Appeal, Reordered:  Did the State commit prosecutorial misconduct by asking a witness certain questions in violation of the district court’s order prohibiting Rule 404 evidence? Did the trial court err by allowing the State to ask leading questions of a witness without first asking to treat her as a hostile witness? Did the trial court err by failing to give a self-defense jury instruction as requested by Pelc? Was the evidence was insufficient to convict him on each of the charges? Did the trial court erred in finding Pelc was a habitual criminal under § 29-2221? Did Pelc receive ineffective assistance of trial counsel in various regards?

Case Location
Court Type
District Court
Schedule Code
Panel Text
Moore, Chief Judge, Riedmann, and Bishop, Judges