S-24-0829 State of Nebraska (Appellee) v. Walter M. Alexander (Appellant)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Sarpy County, Judge George A. Thompson
Attorneys: Todd A. West and John P. Hascall (Sarpy County Public Defender’s Office for Appellant) and Erin E. Tangeman (Asst. Attorney General for Appellees)
Criminal: Manslaughter, terroristic threats, use of a weapon to commit a felony, operating a motor vehicle to avoid arrest, and obstructing a peace officer
Proceedings Below: A jury convicted Appellant of manslaughter, terroristic threats, two counts of use of a weapon to commit a felony, operating a motor vehicle to avoid arrest, and obstructing a peace officer. On appeal, the Nebraska Court of Appeals reversed Appellant’s conviction for use of a weapon to commit a felony and remanded that charge for a new trial. See State v. Alexander, 33 Neb.App. 872, 28 N.W.3d 104 (2025). Appellant petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellant assigns the following errors: 1) The Appellant was only entitled to reversal and remand on the use of the weapon charge and not both the predicate offense of manslaughter and use of a weapon regarding the faulty jury instructions on manslaughter and use of a weapon; 2) The district court did not error in sustaining the State’s motion in limine in precluding defense expert Barksdale from providing his expert opinions in the fields of blood stain pattern recognition and crime scene investigation.