S-22-0901 State of Nebraska (Appellee) v. Patrick S. Tvrdy (Appellant)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Timothy M. Eppler (Deputy Lancaster County Public Defender for Appellant) Jennifer Craven (Senior Certified Law Student for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee)
Criminal: Jury Instructions and Involuntary Manslaughter
Proceedings below: Before trial, the State dismissed a motor vehicle homicide charge while driving under the influence, and a jury found Appellant guilty of involuntary manslaughter for which he was sentenced to twelve (12) to sixteen (16) years in prison. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The District Court erroneously used jury instructions for Motor Vehicle Homicide instead of Manslaughter, which misled the jury and prejudiced Appellant; 2) There was insufficient evidence for a reasonable jury to find Appellant guilty of Manslaughter; and 3) The sentences imposed by the District Court are excessive and constitute an abuse of discretion.