S-25-0464 State of Nebraska (Appellee) v. Mark Carlson (Appellant)
Appeal from the District Court for Douglas County, Judge Duane C. Dougherty
Attorneys: Stuart J. Dornan and Ryan S. Crnkovich (Dornan, Howard, Breitkreutz, Dahlquist and Klein PC LLO for Appellant) and Nathan A. Liss (Nebraska Attorney General’s Office for Appellee)
Criminal: Manslaughter and jury instruction
Proceedings Below: A jury found appellant guilty of manslaughter, and the district court sentenced him to ten (10) to fourteen (14) years in prison. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issue: Appellant assigns the following error: Appellant timely requested a theory of defense instruction that was supported by the evidence and correctly stated the law, and likewise requested that the district court conform its instructions therewith in advising the jury on the elements of the offense at issue. In declining to so instruct the jury, the district court erred and this error resulted in material prejudice to Appellant.