State v. Barker

Although the information charged Arthur H. Barker with murder in the second degree, see Neb. Rev. Stat. § 28-304 (Reissue 1985), the jury found Barker guilty of the *843lesser-included offense of manslaughter, see Neb. Rev. Stat. § 28-305 (Reissue 1985), concerning the death of Patricia A. Pappas. As his sole assignment of error, Barker contends that the sentencing judge should have recused himself, as requested by Barker, on account of the judge’s ex parte contact with members of the victim’s family. Barker’s contention presents a question of first impression in Nebraska. We set aside the…