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State v. Huff

Court of Appeals of Nebraska

February 28, 2017

State of Nebraska, appellee,
v.
Jeffrey A. Huff, appellant.

          1. Trial: Jurors. The retention or rejection of a juror is a matter of discretion for the trial court. This rule applies both to the issue of whether a venireperson should be removed for cause and to the situation involving the retention of a juror after the commencement of trial.

         2. Trial: Motions to Dismiss: Jurors: Appeal and Error. The standard of review in a case involving a motion to dismiss a juror is whether the trial court abused its discretion.

         3. Motions for Mistrial: Appeal and Error. Decisions regarding motions for mistrial are directed to the discretion of the trial court, and will be upheld in the absence of an abuse of discretion.

         4. Sentences: Appeal and Error. An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion by the trial court.

         5. Trial: Juries. Neb. Rev. Stat. § 29-2006 (Reissue 2008) establishes when jurors in a criminal trial may be challenged for cause.

         6. __: __. All challenges for cause shall be made before the jury is sworn, and not afterward.

         7. __: __. Neb. Rev. Stat. § 29-2004 (Reissue 2008) sets forth the procedure for replacing a juror who is discharged during trial with an alternate juror and refers to the discharge of a juror who has already been chosen as a juror.

         8. Sentences. The appropriateness of a sentence is necessarily a subjective judgment and includes the sentencing judge's observation of the defendant's demeanor and attitude and all the facts and circumstances surrounding the defendant's life.

         Appeal from the District Court for Lancaster County: Robert R. Otte, Judge. Affirmed.

         [24 Neb.App. 552] Joseph D. Nigro, Lancaster County Public Defender, and Robert G. Hays for appellant.

          Douglas J. Peterson, Attorney General, and Kimberly A. Klein for appellee.

          Moore, Chief Judge, and Riedmann and Bishop, Judges.

          RIEDMANN, Judge.

         INTRODUCTION

         Jeffrey A. Huff appeals from his conviction of first degree sexual assault in the district court for Lancaster County. On appeal, he challenges the court's dismissal of a juror and his corresponding motion for mistrial, and he claims that he ...


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