Potter v. McCulla

Nebraska Advance Sheets POTTER v. McCULLA 741 Cite as

288 Neb. 741

Tolbert’s cousin approached him and threatened to have Cayou “‘jumped’” unless Cayou said that Tolbert was not the shooter. There was further evidence to show that the scenario as explained by Cayou was possible, given the housing arrange- ment at the Douglas County Correctional Center. We review the denial of a motion for new trial for an abuse of discretion. The district court did not abuse its discretion in denying the motion for new trial in light of Cayou’s second affidavit and explanation. Tolbert’s third assignment of…