STATE v. GROSSHANS

No. S-04-1370.

707 N.W.2d 405 (2005)

270 Neb. 660

STATE of Nebraska, appellee, v. Mark M. GROSSHANS, appellant.

Supreme Court of Nebraska.

December 2, 2005.


Attorney(s) appearing for the Case

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, J.

NATURE OF CASE

Mark M. Grosshans appeals from a conviction for sales tax evasion.

SCOPE OF REVIEW

In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is involved only when the rules make such discretion a factor in determining admissibility. Where the Nebraska Evidence Rules commit the evidentiary question at issue to the discretion...

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