S-24-0522 State of Nebraska (Appellee) v. Kyle L. Rupp (Appellant)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Scotts Bluff County, Judge Leo P. Dobrovolny
Attorneys: Jerald L. Ostdiek (Douglas, Kelly, Ostdiek, Snyder, Ossian & Vogl, P.C. for Appellant) and P. Christian Adamski (Asst. Attorney General for Appellee)
Criminal: Second-degree assault and use of a deadly weapon to commit a felony
Proceedings Below: A jury convicted Appellant of second-degree assault and use of a deadly weapon to commit a felony. He was sentenced to two, consecutive terms of one to two years in prison. On appeal, the Nebraska Court of Appeals affirmed. See State v. Rupp, 33 Neb.App. 562, 19 N.W.3d 771 (2025). Appellant petitioned for further review, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket.
Issues: In his petition for further review, Appellant assigns the following error: 1) The Court of Appeals erred in holding that the evidence was sufficient to convict Appellant of the charges; 2) The Court of Appeals erred in failing to overturn the verdict of the jury, finding Appellant guilty of the charges; 3) The Court of Appeals erred in failing to find that Appellant was denied effective assistance of counsel; 4) The Court of Appeals erred in holding that Appellant’s ineffective assistance of counsel claim regarding the following were not preserved: (1) Failing to subpoena medical personnel who treated Clark, to whom she told that the blood and stitches on her hands were a result of her racking the shotgun; (2) failing to introduce a video of Clark at the hospital during which she allegedly made statements inconsistent with her trial testimony; and (3) failing to effectively and adequately prepare Rupp for trial by only meeting with him “two times before the trial, each for less than five minutes;” and 5) The Court of Appeals erred in failing to hold that Appellant was denied effective assistance of counsel regarding failure to provide effective and zealous defense.