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STATE v. LANDIS

No. S-09-1313.

794 N.W.2d 151 (2011)

281 Neb. 139

STATE of Nebraska, appellee, v. Millard W. LANDIS, appellant.

Supreme Court of Nebraska.

February 18, 2011.

Attorney(s) appearing for the Case

John S. Berry , of Berry Law Firm, Lincoln, for appellant.

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

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

MILLER-LERMAN, J.

NATURE OF CASE

Millard W. Landis, appellant, was convicted in the district court for Lancaster County of possession of a controlled substance (marijuana) with intent to deliver. He appealed to the Nebraska Court of Appeals. The Court of Appeals determined that Landis was in custody during questioning by state troopers and that because the troopers failed to give Landis Miranda warnings, the evidence of the statement and physical...

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