State v. Edwards
286 Neb. 404
| Neb. | 2013Background
- Edwards, Keith County Attorney, 2007 onward, creates a pretrial diversion program funded by participant fees.
- Program funds were kept in a separate account with Edwards as sole signer; he spent over $7,257.11 for program expenses.
- A 2008 complaint questioned board approval and use of public funds; Edwards claimed records were maintained and cross-checked.
- June–August 2008, officials revised the diversion program to require deposits to the county treasurer; Edwards retained no direction over the old account.
- January 20, 2009, Edwards wrote a check from the old diversion account to a local trap team; he also had a separate check to himself as part of a later scheme; audit in 2010 revealed excess salary paid and unapproved diversion payments.
- Edwards was charged in 2011 with theft by unlawful taking (three counts), income tax evasion, and false income tax returns; he was acquitted on two thefts and convicted on the trap-team check; sentenced to probation; he appeals alleging multiple trial errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entrapment by estoppel instruction was proper | Edwards | Edwards claims burden-shifting language misallocated proof | Plain error; reversal required; remand for new trial on count III. |
| Disqualification of the Attorney General's Office | Edwards | AG’s office not per se disqualified; trial court acted within discretion | No abuse of discretion; trial court did not err in handling disqualification. |
| Impact of the entrapment by estoppel burden allocation on due process | Edwards | State maintained proper burden; jury properly instructed | Instruction error affected presumption of innocence; reversible plain error. |
Key Cases Cited
- State v. Abram, 284 Neb. 55 (2012) (holding that the State has burden to prove all elements; addressing misstatement risk in instructions)
- State v. Watt, 285 Neb. 647 (2013) (instruction burden and elements; burden on State to prove elements beyond reasonable doubt)
- Raley v. Ohio, 360 U.S. 423 (1959) (due process entrapment by estoppel lineage)
- Cox v. Louisiana, 379 U.S. 559 (1965) (due process limits on prosecutorial conduct in state actions limiting rights)
- State v. LeDent, 185 Neb. 380 (1970) (earlier recognition of entrapment by estoppel in Nebraska)