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State v. Merchant

Supreme Court of Nebraska

June 27, 2014

STATE OF NEBRASKA, APPELLEE,
v.
THOMAS P. MERCHANT, APPELLANT

Page 631

[Copyrighted Material Omitted]

Page 632

[Copyrighted Material Omitted]

Page 633

Appeal from the District Court for Lancaster County: STEVEN D. BURNS, Judge.

Mark Porto, of Shamberg, Wolf, McDermott & Depue, for appellant.

Jon Bruning, Attorney General, and Nathan A. Liss for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 634

[288 Neb. 441] Per Curiam.

INTRODUCTION

Thomas P. Merchant appeals his conviction, after a second trial, for acting as a motor vehicle dealer, auction dealer, motor vehicle salesperson, or dealer's agent without the required license under the Motor Vehicle Industry Regulation Act.[1] His first conviction was reversed by this court in State v. Merchant ( Merchant I )[2] because of improperly admitted evidence. Merchant now contends that the jury instructions given at his second trial misstated the definition of motor vehicle dealer. We agree. In order to qualify as ...


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