State v. Johnson

Buckley, District Judge, Retired.

INTRODUCTION

The State of Nebraska appeals after a jury verdict finding Kenneth S. Johnson guilty of criminally attempted escape and third degree assault. The State does not appeal the jury’s verdict. Rather, the State takes exception to the trial court’s ruling that the State lacked standing to challenge Johnson’s use of peremptory challenges based on gender during jury selection. For the reasons set forth below, we sustain the State’s exception.

BACKGROUND

The State charged Johnson with five counts arising out of an incident which occurred on December 23, 2001:…