State v. Schmaltz

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State v. Schmaltz

Case Number
Call Date
August 26, 2019
Case Time
9:00 AM
Court Number
Scotts Bluff
Case Location
Court Type
District Court
Case Summary

S-18-0925 State of Nebraska v. Kelly Schmaltz (Appellant)

Scotts Bluff County District Court, Judge Leo Dobrovolny

Attorneys:  Nathan Liss (Office of the Attorney General, for Appellee) --- Bell Island (Island Law Office, PC, LLO, for Appellant)

Criminal: Leaving the scene of an injury accident; Jury instructions

Proceedings below:  After a jury trial, Appellant was convicted of leaving the scene of an injury accident, a class IIIA felony, for which he received 12 months’ probation and a one-year suspension on his driver’s license.  The trial court denied Appellant’s request for a choice of evils instruction as well as his motion for a mistrial.

Issues:  Whether the trial court erred in 1) failing to instruct the jury on the choice of evils; and 2) failing to grant a mistrial for prosecutorial misconduct.

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