Legal Opinion

State v. Wells

Nebraska Supreme Court

Decided July 1, 1988No. 87-674PublishedCited by 13 opinions

1Opinion of the CourtCaporale, J.

A jury found defendant, James A. Wells, guilty of first degree sexual assault, a violation of Neb. Rev. Stat. *90§ 28-319(l)(a) (Reissue 1985); he was so adjudged and thereafter sentenced. In this appeal he asserts the district court erred in (1) receiving certain evidence and (2) permitting the prosecutor to inquire into and comment upon his silence during the investigation of the crime. We reverse and remand for a new trial.

FACTS

On June 5,1986, following separation from her husband, the victim, R.L., and her 14-year-old daughter took up residence in a downtown Omaha apartment building. R.L.’s…

2Cases cited15 opinions

  1. Doyle v. OhioSupreme Court of the United States · 1976
  2. Greer v. MillerSupreme Court of the United States · 1987
  3. Arizona v. RobersonSupreme Court of the United States · 1988
  4. Fletcher v. WeirSupreme Court of the United States · 1982
  5. State v. KernNebraska Supreme Court · 1986

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

3Cited by13 opinions

  1. State v. TrevinoNebraska Supreme Court · 1988
  2. State v. HankinsNebraska Supreme Court · 1989
  3. State v. RowlandNebraska Supreme Court · 1990
  4. State v. HarmsNebraska Supreme Court · 2002
  5. State v. FriendNebraska Supreme Court · 1988

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

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