State v. Shipps

NATURE OF CASE

Kelly R. Shipps appeals from his conviction for kidnapping.

SCOPE OF REVIEW

The decision whether to grant a motion for mistrial is within the discretion of the trial court and will not be disturbed on appeal in the absence of an abuse of discretion. State v. Haltom, 264 Neb. 976, 653 N.W.2d 232 (2002).

In a criminal case, a motion for new trial is addressed to the discretion of the trial court, and unless an abuse of discretion is shown, the trial court’s determination will not be disturbed. State v. Aguilar, 264 Neb. 899, 652 N.W.2d 894 (2002).

FACTS

Shipps pled not guilty to four…