State v. Cross

The Supreme Court affirmed the district court’s dismissal of Appellant’s motion for new trial claiming newly discovered evidence, holding that Appellant failed to satisfy the timeliness requirements of Neb. Rev. Stat. 29-2103(4).In 2010, Appellant was convicted of second degree assault and use of a weapon to commit a felony and found to be a habitual criminal. In 2016, Appellant filed a second motion for new trial claiming newly discovered evidence under Neb. Rev. Stat. 29-2101(5). The district court concluded that Appellant was not entitled to a new trial based on newly discovered evidence because his motion and supporting documents failed to set forth sufficient facts. The Supreme Court held (1) the proper standard of review to apply when reviewing a trial court’s dismissal of a motion for a new trial without conducting an evidentiary hearing is de novo on the record; and (2) this court’s de novo review of Appellant’s motion and supporting documents demonstrated that dismissal of the motion without a hearing was proper under Neb. Rev. Stat. 29-2102(2). View "State v. Cross" on Justia Law