State v. Anthony
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The case involves the defendant, Donald Gene Anthony, who was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The charges stemmed from an altercation that resulted in the death of Said Farah. The defendant appealed his convictions based on evidentiary rulings made by the district court during the trial.
The trial court heard testimony from several witnesses who were present at the scene of the crime. The defendant's girlfriend, Marissa Stephens, testified that Farah was acting "weird" on the night of the incident. The court, however, did not allow Stephens to testify about whether she believed Farah was under the influence of drugs at the time of the altercation.
The Nebraska Supreme Court affirmed the lower court's decision. The court found that the trial court did not err in excluding Stephens' lay opinion that Farah was under the influence, as it was largely cumulative to other evidence received at trial without objection. The court also found that the trial court did not err in admitting certain statements as nonhearsay, as they were offered for relevant nonhearsay purposes related to their effect on the listener. Lastly, the court found no error in the trial court's exclusion of statements made by law enforcement during the defendant's post-arrest interviews.
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