State v. Kistenmacher

Both the majority opinion and the concurrence contain a misinterpretation of the statutory definition of recklessly as well as a misreading of State v. Hoffman, 227 Neb. 131, 416 N.W.2d 231 (1987), and incorrectly arrive at absolutes, rendering the majority opinion and concurrence absolutely incorrect concerning the nature and proof of reckless conduct as an element of third degree assault, the predicate unlawful act in Kistenmacher’s conviction for manslaughter.

While the majority opinion correctly concludes that Kistenmacher’s conviction is governed by principles enunciated in Hoffman, the…