State v. Taylor

by
Trevelle Taylor was convicted of first-degree murder and use of a deadly weapon to commit a felony. On appeal, Taylor contended that the district court erred in giving certain jury instructions, receiving expert opinion testimony regarding the presence of gunshot residue on Taylor's hands, and admitting cellular telephone records purporting to prove contacts between Taylor and his codefendant on the basis of insufficient foundation. The Supreme Court reversed, holding (1) the district court committed reversible error in giving a jury instruction that allowed the jury to presume that Taylor was guilty of the crimes charged but failing to specify that the jury that was not required to draw the inference of guilt in violation of Neb. R. Evid. 303(3); (2) Taylor was not unfairly prejudiced by the other jury instructions given; (3) the district court did not abuse its discretion in admitting the expert testimony of gunshot residue; and (4) there was sufficient authentication to support the admission of the cellular telephone records. Remanded for a new trial. View "State v. Taylor" on Justia Law