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.
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
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.
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
Trial: Juries. Neb. Rev. Stat. §
29-2006 (Reissue 2008) establishes when jurors in a criminal
trial may be challenged for cause.
__. All challenges for cause shall be made before the jury is
sworn, and not afterward.
__. 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.
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.
from the District Court for Lancaster County: Robert R. Otte,
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
Chief Judge, and Riedmann and Bishop, Judges.
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