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State v. Oldson

Supreme Court of Nebraska

June 10, 2016

State of Nebraska, appellee,
v.
John R. Oldson, appellant.

         1. Trial: Evidence: Motions to Suppress: Waiver: Appeal and Error. The failure to object to evidence at trial, even though the evidence was the subject of a previous motion to suppress, waives the objection, and a party will not be heard to complain of the alleged error on appeal.

         2. Appeal and Error. An objection, based on a specific ground and properly overruled, does not preserve a question for appellate review on some other ground not specified at trial.

         3. Rules of Evidence: Other Acts. Whether evidence is admissible for any proper purpose under the rule governing admissibility of evidence of other crimes, wrongs, or acts rests within the discretion of the trial court.

         4. Rules of Evidence: Other Acts: Appeal and Error. It is within the discretion of the trial court to determine relevancy and admissibility of evidence of other wrongs or acts under the balancing rule and the other acts rule, and the trial court's decision will not be reversed absent an abuse of discretion.

         5. Juries: Evidence: Proof. Propensity evidence may lead a jury to convict, not because the jury is certain the defendant is guilty of the charged crime, but because it has determined the defendant is "a bad person who deserves punishment, " whether or not the crime was proved beyond a reasonable doubt.

         6. Rules of Evidence: Other Acts: Proof. Under Neb. Evid. R. 404(1), Neb. Rev. Stat. § 27-404(1) (Cum. Supp. 2014), proof of a person's character is barred only when in turn, character is used in order to show action in conformity therewith.

         7. Rules of Evidence: Other Acts. The State cannot present the defendant's other acts so that the jury makes the intermediate inference of the defendant's bad character, leading to the ultimate inference that the defendant is guilty.

         [293 Neb. 719] 8. __:__. Evidence of specific instances of conduct that only incidentally impugns a defendant's character is not prohibited by Neb. Evid. R. 404, Neb. Rev. Stat. § 27-404 (Cum. Supp. 2014).

         9. __:__. All relevant evidence is subject to the overriding protection of Neb. Evid. R. 403, Neb. Rev. Stat. § 27-403 (Reissue 2008), including other acts evidence.

         10. Rules of Evidence. Neb. Evid. R. 403, Neb. Rev. Stat. § 27-403 (Reissue 2008), allows the exclusion of evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

         11. Evidence: Words and Phrases. Relevant evidence is that which has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

         12. Evidence. The probative value of evidence involves a measurement of the degree to which the evidence persuades the trier of fact that the particular fact exists and the distance of the fact from the ultimate issue of the case.

         13. Evidence: Words and Phrases. Unfair prejudice means an undue tendency to suggest a decision based on an improper basis.

         14. __:__. Unfair prejudice speaks to the capacity of some concededly relevant evidence to lure the fact finder into declaring guilt on a ground different from proof specific to the offense charged, commonly on an emotional basis.

         15. Evidence: Intent. If character evidence is admitted for a proper purpose, then, ipso facto, it is not admitted ...


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