Sarpy County District Court, Judge George A. Thompson
Attorney for Appellant: Todd A. West and John P. Hascall (Sarpy County Public Defender’s Office)
Attorney for Appellee: Erin E. Tangeman (Attorney General’s Office)
Criminal Action: Jury Instructions, Admission of Juror Affidavits, Expert Testimony
Action Taken by Trial Court: Prior to trial, the court sustained the State’s motion in limine and precluded Alexander’s expert from testifying. Following a jury trial, the jury found Alexander guilty of manslaughter, terroristic threats, two counts of use of a firearm to commit a felony, operating a motor vehicle to avoid arrest, and obstructing a peace officer. Following trial, the court overruled Alexander’s motion for new trial.
Assignments of Error on Appeal: Did the trial court err when it refused both the State’s request and Alexander’s request to eliminate the sudden quarrel manslaughter instruction? Did the trial court err when it overruled Alexander’s jury instructions regarding when the jury could deliberate on use of a weapon charge considering there was an issue regarding intent and voluntary and involuntary manslaughter? Did the trial court err when it failed to delineate the separate prongs of manslaughter and terroristic threats on the verdict form? Did the trial court err when it did not specify the unlawful act in prong two of the manslaughter instruction nor provide any jury instruction of an unlawful act for the jury to rely on? Did the trial court err when it excluded juror affidavits from evidence and overruled Alexander’s motion for new trial? Did the trial court err when it sustained the State’s motion in limine, precluding Alexander’s expert from providing his expert opinions in the fields of blood stain pattern recognition, bullet trajectory, and crime scene reconstruction.