State v. Valadez, 987 N.W.2d 268

In the early morning of April 22, 2020, Valadez observed two people trying vehicle doors outside his home and went outside with a pocketknife.
A physical struggle ensued in the street and later at the suspects’ vehicle; Valadez testified he pushed at the vehicle when he saw the individuals reach toward the center console.
The vehicle later crashed and the driver was found dead; autopsy showed a stab wound to the chest.
The State charged Valadez with use of a weapon to commit a felony and (amended) second degree assault; Valadez testified he did not intend to hurt anyone and described his push as involuntary/accidental.
At the instructions conference, the district court gave self-defense and defense-of-property instructions over the State’s objection; the jury acquitted on both counts.
The State sought leave to docket an exception proceeding; the Nebraska Supreme Court dismissed the appeal, concluding the disputed instruction issues were factbound and not appropriate for resolution in an exception proceeding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred by instructing the jury on self-defense	State: Valadez was the initial aggressor and testified his actions were unintentional, so no lawful self-defense instruction was warranted	Valadez: Evidence supported submitting self-defense to jury given circumstances and testimony	Court dismissed the exception proceeding as inappropriate to resolve; no merits ruling and acquittal stands
Whether the district court erred by instructing the jury on defense of property	State: No evidence of dispossession attempt or felonious theft to justify deadly-force-for-property instruction under statute	Valadez: Evidence could support a defense-of-property submission to the jury	Court dismissed the exception proceeding as inappropriate to resolve; no merits ruling and acquittal stands

State v. Larkins, 276 Neb. 603 (2008) (dismissed exception where issue was limited to facts and would not provide useful guidance)
State v. Stanko, 304 Neb. 675 (2019) (acknowledges exception proceedings can offer guidance but not when issues are purely factbound)
State v. Eagle Thunder, 201 Neb. 206 (1978) (initial aggressor is not entitled to a self-defense instruction)
State v. Miller, 281 Neb. 343 (2011) (reaffirming that an initial aggressor is not entitled to self-defense instruction)
State v. Brown, 220 Neb. 849 (1985) (self-defense instruction requires purposeful use of force)
State v. Canby, 217 Neb. 461 (1984) (same: purposeful conduct required for self-defense)