S-24-0566 State of Nebraska (Appellee) v. Joseph P. Kruger (Appellant)
Appeal from the District Court for Lancaster County, Judge Darla S. Ideus
Attorneys: Candice C. Wooster (Brennan, Nielson & Wooster Law for Appellant) and P. Christian Adamski (Asst. Attorney General for Appellee)
Criminal: Life imprisonment for first-degree murder and use of a deadly weapon to commit a felony
Proceedings below: A jury convicted Appellant of first-degree murder and use of a deadly weapon to commit a felony, and the district court sentenced him to consecutive terms of life imprisonment and four to eight years in prison. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) The District Court of Lancaster County, Nebraska erred when it excluded relevant evidence of specific instances of the victim’s aggressive, violent, and abusive character, resulting in prejudice to Appellant’s self-defense claim; 2) There was insufficient evidence submitted to support a jury verdict that Appellant violated Neb. Rev. Stat. § 28- 303, murder in the first-degree, because a rational trier of fact could not find all elements of the offenses charged beyond a reasonable doubt; 3) There was insufficient evidence submitted to support a jury verdict that Appellant violated Neb. Rev. Stat. § 28- 1205(1)(B), use of a deadly weapon to commit a felony, because a rational trier of fact could not find all elements of the offenses charged beyond a reasonable doubt; 4) Appellant received ineffective assistance of counsel when trial counsel failed to have Appellant evaluated by a mental health professional in order to aid in his defense; 5) Appellant received ineffective assistance of counsel when trial counsel failed to introduce evidence of Appellant’s post-traumatic stress disorder diagnosis; 6) Appellant received ineffective assistance of counsel when trial counsel failed to file a motion to discharge based on a violation of Appellant’s right to a speedy trial; 7) Appellant received ineffective assistance of counsel when trial counsel failed to advise him of a potential plea deal for a lesser offense; 8) Appellant received ineffective assistance of counsel when defense counsel failed to properly investigate whether the State’s key witness received a plea deal in exchange for her testimony; 9) Appellant received ineffective assistance of counsel when trial counsel failed to cross examine the State’s key witness about whether she received a plea deal in exchange for her testimony; 10) Appellant received ineffective assistance of counsel when trial counsel failed to take Appellant’s insights into consideration when developing a trial strategy; 11) Appellant received ineffective assistance of counsel when trial counsel told him that he needed to testify over his objection; 12) Appellant received ineffective assistance of counsel when trial counsel allowed two unpredictable witnesses to testify; and 13) The District Court of Lancaster County, Nebraska, abused its discretion by not accepting defense counsel’s proposed jury instruction for manslaughter.