State v. White

NATURE OF CASE

This case is an appeal from the trial court’s decision to reinstate appellant Calvin J. White’s 1992 convictions and sentences for second degree murder and use of a firearm to commit a felony. White’s original convictions were reversed on a postconviction proceeding in 1996 because the jury instructions at his trial had failed to list malice as an element of second degree murder, and the cause was remanded for a new trial. Prior to the new trial, our decision in State v. Burlison, 255 Neb. 190, 583 N.W.2d 31 (1998), held that malice was not an element of second degree murder.…