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State v. King
316 Neb. 991
Neb.
2024
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Background

  • Nolan M. King was convicted of manslaughter and use of a deadly weapon (not a firearm) after causing the death of Rodney Pettit II during a bar altercation in Omaha, Nebraska in 2022.
  • King confronted Pettit after learning Pettit had made contact with King’s girlfriend; King subsequently attacked Pettit, who died from blunt force head injuries.
  • The prosecution charged King with second degree murder and use of a deadly weapon; a jury ultimately convicted him of the lesser offense of manslaughter and use of a deadly weapon.
  • At trial, King's objections included the late endorsement of state witnesses, admission of evidence regarding Pettit’s toxicology report, and the sufficiency of evidence that a bottle was used as a weapon.
  • King was sentenced to nearly 20 years for each count, to be served consecutively, and appealed on multiple grounds, including procedural, evidentiary, and sentencing issues.

Issues

Issue King's Argument State's Argument Held
Late Witness Endorsement Endorsement <30 days pre-trial violated § 29-1602; prejudicial Statute gives trial court discretion; no prejudice, no continuance No abuse of discretion; statute gives court discretion
Toxicology Report (Motion in Limine) Prohibiting inquiry into toxicology report was error Report irrelevant to cause of death; would be prejudicial No trial offer/proof, not preserved for review
Sufficiency: Use of Deadly Weapon Insufficient evidence King used a bottle as a weapon Witnesses & evidence supported conviction for bottle use Evidence sufficient for rational trier of fact
Sentencing Sentences violated § 83-1,110, were excessive Sentences within statutory limits, mitigating factors considered No abuse of discretion; sentences affirmed

Key Cases Cited

  • State v. Sandoval, 280 Neb. 309 (discretion for late witness endorsement)
  • State v. Molina, 271 Neb. 488 (abuse of discretion standard)
  • State v. Smith, 292 Neb. 434 (interpretation of witness endorsement statute)
  • State v. Lorello, 314 Neb. 385 (sufficiency of the evidence standard)
  • State v. Stack, 307 Neb. 773 (review of sentencing discretion criteria)
Read the full case

Case Details

Case Name: State v. King
Court Name: Nebraska Supreme Court
Date Published: Jun 28, 2024
Citation: 316 Neb. 991
Docket Number: S-23-814
Court Abbreviation: Neb.