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STATE v. LOTTER

Nos. S-08-449 to S-08-451.

771 N.W.2d 551 (2009)

278 Neb. 466

STATE of Nebraska, Appellee, v. John L. LOTTER, Appellant.

Supreme Court of Nebraska.

September 4, 2009.

Attorney(s) appearing for the Case

Andre R. Barry, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellant.

Jon Bruning, Attorney General, and J. Kirk Brown, Lincoln, for appellee.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ., and INBODY, Chief Judge, and CARLSON, Judge.

McCORMACK, J.

I. NATURE OF CASE

John L. Lotter was convicted of three counts of first degree murder and sentenced to death. The evidence at trial was that Thomas M. Nissen, also known as Marvin T. Nissen, and Lotter planned the murders together, but Nissen testified that it was Lotter who actually killed the victims. Fourteen years after the crimes were committed, Nissen signed an affidavit stating that he committed perjury at Lotter's trial and that he...

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