S-24-0863 State of Nebraska (Appellee) v. Brittany C. Cook (Appellant)
Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman
Attorneys: Candice C. Wooster (Attorney for Appellant) and P. Christian Adamski (Asst. Attorney General for Appellee)
Criminal: Life imprisonment for intentional child abuse resulting in death
Proceedings below: A jury found Appellant guilty of intentional child abuse resulting in death, and she was sentenced to not less than seventy (70) years to life imprisonment. She was also convicted of intentional child abuse resulting in serious bodily injury and possession of marijuana with intent to deliver or delivery of a controlled substance for which she was given an aggregate sentence of twenty-five (25) to thirty-five (35) years’ imprisonment. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) There was insufficient evidence submitted to support a jury verdict that Appellant violated Neb. Rev. Stat. § 28- 707(1) and (8), intentional child abuse resulting in death, because a rational trier of fact could not find all elements of the offense charged beyond a reasonable doubt; 2) There was insufficient evidence submitted to support a jury verdict that Appellant violated Neb. Rev. Stat. § 28- 707(1) and (7), intentional child abuse resulting in serious bodily injury, because a rational trier of fact could not find all elements of the offense charged beyond a reasonable doubt; 3) The District Court for Lancaster County, Nebraska, erred when it denied Appellant’s motion in limine and admitted evidence of gruesome photographs; 4) Appellant received ineffective assistance of counsel when trial counsel failed to question a key witness regarding his involvement in an ongoing sexual misconduct lawsuit in order to attack the witness’s credibility; 5) Appellant received ineffective assistance of counsel when trial counsel failed to object to the State’s request to admit evidence of other crimes, wrongs, or acts at the pretrial hearing and at trial; 6) Appellant received ineffective assistance of counsel when trial counsel failed to object to the statements made by the State’s witness, M.C.; 7) Appellant received ineffective assistance of counsel when trial counsel failed to object to the statements made by the state’s witness, Investigator Michael Barry, about Appellant’s truthfulness; and 8) The District Court for Lancaster County, Nebraska abused its discretion by imposing an excessive sentence.