State v. Clark
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The Nebraska Supreme Court heard an appeal from Angelina M. Clark who was convicted for terroristic threats and third-degree sexual assault. Clark argued that her trial before an all-male jury violated her constitutional rights to a fair trial and an impartial jury. She also contended that the evidence was insufficient to support her conviction for terroristic threats and that her trial counsel was ineffective.
The court held that Clark waived any objection to the all-male jury by failing to challenge the jurors for disqualification during the trial. It also determined that there was sufficient evidence to support Clark's conviction for terroristic threats. The court found that Clark's claim of ineffective counsel was without merit as the statements her counsel failed to object to were not hearsay, and any objection to them on hearsay grounds would have been meritless. Finally, the court rejected Clark’s claim that her trial counsel was ineffective for failing to file a motion in limine to exclude certain testimony, as she failed to show she suffered prejudice as a result of this alleged failure.
The court affirmed the decision of the lower court, holding that Clark's claims were without merit.
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