Appeal from the District Court for Washington County: DANIEL E. BRYAN, JR., Judge.
REVERSED AND REMANDED FOR A NEW TRIAL.
Steven W. Holland, of Holland Law Office, P.C., for appellant.
Jon Bruning, Attorney General, and George R. Love for appellee.
IRWIN, RIEDMANN, and BISHOP, Judges.
[22 Neb.App. 212] Riedmann, Judge.
Tim R. Wulf was convicted in the Washington County District Court of theft in excess of $1,500. On appeal, he challenges the court's decision to allow into evidence a judgment from the Washington County Court and an execution of the judgment issued by the Washington County District Court. He also claims he should have been allowed to introduce evidence to collaterally attack the judgment and execution. We find the district court abused its discretion in refusing to allow a collateral attack on the judgment and, therefore,
reverse Wulf's conviction and remand the cause for a new trial.
On January 12, 2012, Wulf was charged by information with theft of corn crops in violation of Neb. Rev. Stat. § 28-511 (Reissue 2008). Ownership of the land upon which the crops grew has been the subject of extensive litigation, beginning in 2002. A general overview of the various judicial ...