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STATE v. MORROW

No. S-06-866.

731 N.W.2d 558 (2007)

273 Neb. 592

STATE of Nebraska, appellee, v. Jerry Dean MORROW, Sr., appellant.

Supreme Court of Nebraska.

May 18, 2007.

Attorney(s) appearing for the Case

Gerard A. Piccolo, Hall County Public Defender, Grand Island, and Jeff E. Loeffler for appellant.

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

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

WRIGHT, J.

NATURE OF CASE

Jerry Dean Morrow, Sr., was convicted of one count of possession of a controlled substance, a Class IV felony. See Neb. Rev.Stat. § 28-416(3) (Cum.Supp.2004). At trial, the State offered in evidence certain out-of-court statements made by an unavailable witness. Morrow sought to impeach such statements with other out-of-court statements from the same witness. The district court denied admission of the out-of-court statements...

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