State v. Stabler
305 Neb. 415
Neb.2020Background
- Stabler and his wife Jacinda separated after she filed for divorce; Stabler solicited a relative, Athea Stabler, to "handle" Jacinda, promising payment in cash and meth.
- Texts and face-to-face statements by Stabler arranged the assault; Stabler gave Athea a knife and instructed her to injure Jacinda (including to "leave a scar" and cut her hair).
- Athea entered Jacinda’s home, threatened her, and stabbed her while Jacinda was with some children; Athea later testified under a cooperation agreement and was convicted of second-degree assault.
- Post-assault messages between Stabler and Athea referenced the knife and the investigation and showed Stabler’s assurances to Athea that he would handle things.
- A jury convicted Stabler of second-degree assault and use of a deadly weapon to commit a felony; he appealed, raising five assignments of error.
Issues
| Issue | State's Argument | Stabler's Argument | Held |
|---|---|---|---|
| Whether prosecutor's rebuttal comments shifted burden and whether a limiting instruction was required | State acknowledged burden but suggested both parties could compel witnesses; argued not to shift burden | Comments shifted burden; requested limiting instruction | Court found no reversible error; comments stricken and the jury instructed not to consider them; no prejudice shown |
| Whether Stabler should have been allowed to testify to specifics (forgery) of prior felony convictions | Prior-conviction nature need not be detailed; §27-609 allows impeachment by conviction category | Stabler sought to state convictions were forgery (dishonesty) to avoid juror speculation about violent felonies | Court held jury was informed convictions involved dishonesty; exclusion of specifics not prejudicial |
| Whether trial court erred by refusing lesser-included instruction (third-degree assault) | Third-degree is lesser-included but instruction unwarranted because evidence showed uncontroverted use of a knife | Requested instruction justified by alleged hesitation/abandonment by Athea before knife use | Denied; evidence uncontroverted that Athea brought and used a knife — no rational basis for lesser instruction |
| Sufficiency of evidence to support convictions (aiding and abetting) | Evidence (texts, payments, knife transfer, Athea’s testimony) supports guilt beyond reasonable doubt | Athea lacked credibility and abandoned plan, creating causal break absolving Stabler | Affirmed: appellate court defers to jury credibility findings; evidence sufficient |
| Whether sentences (10–15 and 5–10 years consecutive) were excessive | Sentences within statutory limits and based on serious, violent planning; court considered relevant factors | Argued sentences excessive | Affirmed: no abuse of discretion in sentencing; within statutory limits |
Key Cases Cited
- State v. Rocha, 295 Neb. 716, 890 N.W.2d 178 (2017) (standards governing jury instruction correctness and burden issues)
- State v. Case, 304 Neb. 829, 937 N.W.2d 216 (2020) (standard of review for sufficiency of evidence)
- State v. Iddings, 304 Neb. 759, 936 N.W.2d 747 (2020) (sentencing standard and appellate review of discretionary sentences)
- State v. Howell, 26 Neb. App. 842, 924 N.W.2d 349 (2019) (permitting limited impeachment by conviction category but barring unnecessary specifics)
- State v. Al-Zubaidy, 263 Neb. 595, 641 N.W.2d 362 (2002) (no lesser-included instruction when prosecution presents uncontroverted evidence of element unique to greater offense)
- State v. Oliveira-Coutinho, 304 Neb. 147, 933 N.W.2d 825 (2019) (test for when a lesser-included offense instruction is required)