854 N.W.2d 576
Neb.2014Background
- Matthews was convicted of six felonies arising from a shooting in Grand Island, Nebraska.
- Court of Appeals reversed Guzman-related convictions for attempted first degree murder and use of a deadly weapon, remanding for a new trial.
- State petitioned for review; Supreme Court granted it.
- Guzman’s testimony about being under the influence and his aggressive/violent character was excluded at trial.
- There was substantial evidence showing Guzman as the first aggressor, including Guzman’s deposition, Lemburg’s testimony, and contemporaneous statements.
- Court concludes exclusion of the character evidence was harmless error and reinstates Guzman-related convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusion of Guzman’s character evidence was harmless error | Matthews: exclusion prejudiced self-defense claim | State: exclusion not prejudicial; not harming verdict | Harmless error; convictions reinstated |
Key Cases Cited
- State v. Valverde, 286 Neb. 280 (2013) (relevancy and harmless error under Nebraska Evidence Rules)
- State v. Kinser, 259 Neb. 251 (2000) (character evidence admissibility and purposes)
- State v. Lewchuk, 4 Neb. App. 165 (1995) (evidence admissibility and sufficiency of corroborating evidence)
- State v. Faust, 265 Neb. 845 (2003) (limitations on character evidence; self-defense context)
- State v. Sims, 213 Neb. 708 (1983) (state of mind and beliefs in self-defense)