STATE v. VALADEZ

No. S-22-026.

987 N.W.2d 268 (2023)

313 Neb. 902

STATE of Nebraska, appellant, v. Luis A. VALADEZ, appellee.

Supreme Court of Nebraska.

Filed March 31, 2023.


Attorney(s) appearing for the Case

Gage R. Cobb , Deputy Sarpy County Attorney, for appellant.

James K. McGough , of McGoughLaw, P.C., L.L.O., Omaha, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.


The State initiated this exception proceeding following a trial in which Luis A. Valadez was acquitted of use of a weapon to commit a felony and second degree assault. While conceding that we lack the power to undo the acquittal, the State asks us to nonetheless find that the district court should not have provided the jury with instructions...

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