STATE v. MORGAN

No. S-12-410.

837 N.W.2d 543 (2013)

286 Neb. 556

STATE of Nebraska, appellee, v. Daniel MORGAN, appellant.

Supreme Court of Nebraska.

September 20, 2013.


Attorney(s) appearing for the Case

David S. MacDonald , Deputy Scotts Bluff County Public Defender, for appellant.

Jon Bruning , Attorney General, and Stacy M. Foust for appellee.

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


CASSEL, J.

I. INTRODUCTION

Escalating tensions culminated when Daniel Morgan shot and killed Dominic Marquez outside of Marquez' home during an altercation. Following a jury trial, the district court convicted Morgan of first degree murder and use of a firearm to commit a felony. In this direct appeal, we first reject Morgan's challenges to the step jury instruction relating to the charge of first degree murder and the court's refusal to give a "negative...

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