State v. McKinney

Case Number(s)
S-24-0881
Call Date
Case Time
Court Number
Otoe
Case Location
University of Nebraska College of Law
Court Type
District Court
Case Summary

S-24-0881 State of Nebraska (Appellee) v. Christopher McKinney (Defendant/Appellee) v. David McKinney (Third-party Appellant) 

Appeal from the District Court for Otoe County, Judge Julie D. Smith   

Attorneys: Trevin H. Preble (Preble Law firm, PC, LLO for Appellant) and Jordan M. Osborne (Asst. Attorney General for Appellee) Criminal: Destruction of firearms, ammunition, and contraband used in the commission of a crime  

Proceedings below: The State of Nebraska petitioned for the destruction of firearms, ammunition, and contraband that were used during the commission of a crime.  While that petition was pending, Defendant transferred ownership to his father, Appellant.  The district court ordered the destruction of the firearms, ammunition, and contraband.  The State of Nebraska petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.    

Issues: Appellant assigns the following errors: 1) That the firearms, ammunition and accessories could not be transferred by Christopher McKinney, the Defendant in the criminal action, while under the jurisdiction of the Court; and 2) Whether or not all of the firearms, ammunition and accessories were used in the commission of a crime.