Nebraska v. Riley
Annotate this CaseIn 2006, Appellant-Defendant Anthony Riley was convicted in the district court for manslaughter and attempted second degree murder stemming from the drive-by shooting that ended with one death and three others injured. Prior to trial, the State filed several motions in limine, seeking to prevent Defendant from discussing at voir dire, in his opening statement, or closing argument, a polygraph test police had administered to one of the State’s witnesses. Defendant’s defense strategy focused on proving that someone else in the car, not Defendant, had fired the shots. When Defendant cross-examined one of the State’s witnesses, the witness mentioned he had taken a polygraph test. Defendant motioned for a mistrial, but the trial court simply struck mention of the test and ordered the jury to disregard it. The jury returned guilty verdicts for manslaughter and attempted second degree murder. Defendant moved for a new trial. The court overruled the motion and sentenced Defendant to twenty years for manslaughter, and eight to fifteen years on each attempted murder count. The Supreme Court found that Defendant’s claim that he was not the shooter, and the inadvertent mention of the polygraph by the State’s witness were prejudicial to Defendant, and that the district court should have granted Defendant’s motion for a mistrial. The Court reversed the lower court’s decisions and remanded the case for a new trial.
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