State v. Schaller

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State v. Schaller

Case Number
A-21-0404
Court Number
Cheyenne
Call Date
April 13, 2022
Case Time
1:00 PM
Case Summary

A-21-0404, State of Nebraska v. Stacey B. Schaller (Appellant)

District Court for Cheyenne County, District Judge Derek C. Weimer

Attorney for Appellant:  Audrey M. Long (A. Elliot Law)

Attorney for Appellee:  Jordan Osborne (Attorney General’s Office)

Criminal Action:  Third degree sexual assault of a child

Action taken by the Trial Court:  Schaller was initially charged with two counts of third degree sexual assault of a child, each count alleged to have occurred in a different date range. The trial court later granted the State’s motions to admit evidence of prior sexual assaults and to amend the information. The operative amended information alleged that Schaller had committed two counts of third degree sexual assault during the same date range. A jury found Schaller guilty of the charges, and the court sentenced him to concurrent terms of 3 years imprisonment.

Assignments of Error on Appeal: Did the trial court err in allowing the State to amend the information? Did the trial court err in admitting prior bad acts evidence for the jury’s consideration? Was there sufficient evidence to convict Schaller? Was Schaller prejudiced by ineffective assistance of trial counsel?

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