STATE v. GERSTNER

No. S-91-1256.

507 N.W.2d 490 (1993)

244 Neb. 508

STATE of Nebraska, Appellee, v. Robert M. GERSTNER, Appellant.

Supreme Court of Nebraska.

November 5, 1993.


Attorney(s) appearing for the Case

Thomas K. Harmon, of Respeliers and Harmon, P.C., Omaha, for appellant.

Don Stenberg, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., and MORAN, District Judge, Retired.


LANPHIER, Justice.

Defendant, Robert M. Gerstner, was arrested at the door of his home. The Omaha police officer making the arrest had seen him driving his car erratically. Defendant claimed the arrest was illegal. Defendant's attorney sought to suppress evidence of the arrest and surrounding circumstances, but failed to object to its introduction at trial. Defendant was convicted by a jury of operating a motor vehicle while intoxicated, third offense. New counsel...

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