State v. Liech, 320 Neb. 843

Kim K. Liech, an inmate, was charged with assault by a confined person after striking correctional officer Johnie Cantrell twice in the head in a prison pantry office. 1
Security video showed Liech arguing in the doorway, dropping his bag, taking a fighting stance, and lunging into the office before running out. 2
The State's witnesses testified Liech repeatedly ignored Cantrell's commands to back away, Cantrell unholstered pepper spray, and Liech punched Cantrell after the spray was deployed. 3
Liech and another inmate testified Cantrell threatened and deployed pepper spray first, and Liech said his punches were reactionary. 4
The trial court refused Liech's requested self-defense instruction, the jury convicted him, and the court imposed a consecutive 3-to-3-year sentence. 5

Issue	Plaintiff's Argument	Defendant's Argument	Held
Self-defense instruction refused 6	Liech said evidence supported self-defense because Cantrell used pepper spray first.	State argued Liech was the aggressor and placed himself in harm's way.	No instruction required; undisputed facts did not support cognizable self-defense. 7
Sufficiency of evidence of intent/knowledge/recklessness 8	Liech claimed his punches were reflexive reaction, not intentional or reckless.	State relied on video and testimony showing deliberate aggression and force.	Evidence was sufficient to prove the mental state element. 9
Excessive sentence 10	Liech argued the maximum sentence was greater than necessary.	State argued the sentence was within statutory limits and properly considered.	No abuse of discretion; sentence affirmed. 11

State v. Gonzalez, 985 N.W.2d 22 (Neb. 2023) (standard of review for sufficiency and jury instruction issues 12)
State v. Hagens, 26 N.W.3d 174 (Neb. 2025) (appellate review of sufficiency of evidence and sentencing discretion 13)
State v. Alkazahy, 990 N.W.2d 740 (Neb. 2023) (abuse of discretion in sentencing 14)
State v. Johnson, 988 N.W.2d 159 (Neb. 2023) (burden to show refusal of requested instruction was prejudicial 15)
State v. Case, 937 N.W.2d 216 (Neb. 2020) (self-defense instruction unavailable where defendant unjustifiably placed himself in harm's way 16)
State v. Urbano, 589 N.W.2d 144 (Neb. 1999) (self-defense unavailable when defendant unjustifiably created the danger and force used was lawful 17)
State v. Kinser, 567 N.W.2d 287 (Neb. 1997) (defendant bears initial burden to raise affirmative defense before State must disprove it 18)
State v. Adams, 27 N.W.3d 23 (Neb. 2025) (circumstantial evidence may prove mental state 19)
State v. Rezac, 15 N.W.3d 705 (Neb. 2025) (self-defense must be immediately necessary and justified under the circumstances 20)
State v. Starks, 955 N.W.2d 313 (Neb. 2021) (appellate courts do not reweigh sentencing factors 21)