S-24-0813 State of Nebraska (Appellee) v. Elijah E. Logan (Appellant)
Appeal from the District Court for Washington County, Judge Bryan C. Meismer
Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)
Criminal: First-degree murder, use of a deadly weapon to commit a felony, use of a firearm to commit a felony, possession of a deadly weapon to commit a felony, first-degree domestic assault, burglary, and intentional child abuse with no serious bodily injury.
Proceedings Below: Appellant was convicted of first-degree murder, use of a deadly weapon to commit a felony, use of a firearm to commit a felony, possession of a deadly weapon to commit a felony, first-degree domestic assault, burglary, and intentional child abuse with no serious bodily injury. The district court sentenced Appellant to life imprisonment for first-degree murder, which is to be served consecutively to an aggregate prison term of ninety (90) to one-hundred-forty years in prison. Life imprisonment cases are direct appeals to the Nebraska Supreme Court.
Issues: Appellant assigns the following errors: 1) The district court clearly erred and abused its discretion in admitting evidence under the inextricably intertwined doctrine of uncharged prior assaults alleged to have been committed by Appellant against Samantha Ely which denied Appellant a fair trial and violated due process; 2) Appellant was denied due process rights and a fair trial because of the refusal to give tendered instruction on self-defense and the district court committed reversible error by failing to instruct the jury on self-defense; 3) Appellant was denied due process rights and a fair trial and the district court committed reversible error by failing to sequester a State’s witness at Appellant’s request in violation of Neb. Rev. Stat. § 27-615 (Reissue 2016); and 4) The district court clearly erred and violated Appellant’s right not to be subject to double jeopardy in respect to the sentences for first-degree murder and burglary.