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Legal Opinion

State v. Lowe

Nebraska Supreme Court

Decided June 9, 1995No. S-94-885PublishedCited by 26 opinions

1Per curiam

Dennis D. Lowe appeals the denial of his motion for postconviction relief by the district court for Douglas County. Lowe was found guilty of second degree murder on June 20, 1992, and is presently serving a life sentence. Lowe was convicted and sentenced as a result of an information and jury instructions which failed to include “malice” as an element of second degree murder. Malice is an essential element of second degree murder. The district court erred by denying postconviction relief. We reverse, and remand for a new trial.

*216BACKGROUND

The following statement of facts is summarized from the…

2Cases cited31 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Staples v. United StatesSupreme Court of the United States · 1994
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1978
  4. Ratzlaf v. United StatesSupreme Court of the United States · 1994
  5. United States v. GendronCourt of Appeals for the First Circuit · 1994

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3Cited by26 opinions

  1. State v. BurlisonNebraska Supreme Court · 1998
  2. State v. MantichNebraska Supreme Court · 1996
  3. State v. RyanNebraska Supreme Court · 1996
  4. State v. WhiteNebraska Supreme Court · 1996
  5. State v. NeujahrNebraska Supreme Court · 1995

21 more not listed; retrieve them via the Exa API.

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