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