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State v. Watkins

Citations: 419 N.W.2d 660; 227 Neb. 677; 1988 Neb. LEXIS 55Docket: 86-1012

Court: Nebraska Supreme Court; February 26, 1988; Nebraska; State Supreme Court

Narrative Opinion Summary

In this case, the appellant was convicted of burglary in violation of Nebraska law, following a jury trial. The appellant challenged the conviction on two main grounds: the denial of a motion for a directed verdict of acquittal and the admission of a rebuttal witness's testimony regarding a prior inconsistent statement. The incident occurred when the appellant was observed by police attempting to remove a stereo from a residence, leading to his arrest. At trial, the appellant argued that another individual committed the burglary. The Nebraska Supreme Court upheld the lower court's decision, affirming the conviction. The court found that there was sufficient evidence to support the jury's verdict and that the denial of the motion for directed verdict was appropriate. Additionally, while it was determined that the prior inconsistent statement used for impeachment was inadmissible as it concerned collateral matters, the court ruled that its admission constituted harmless error. The conviction was sustained based on the strong evidence presented at trial, including the appellant's suspicious behavior and possession of stolen property.

Legal Issues Addressed

Collateral Facts in Impeachment

Application: The court ruled that Black's prior statement was inadmissible for impeachment purposes because it was collateral and not independently provable.

Reasoning: In the case involving Watkins, Black's prior statement was deemed inadmissible as it did not pertain to an independently provable fact relevant to the burglary charge.

Directed Verdict of Acquittal

Application: The court denied Watkins' motion for a directed verdict of acquittal, finding sufficient evidence for the jury to consider the burglary charge under Nebraska law.

Reasoning: Watkins's motion for a directed verdict of acquittal was denied, as the court found sufficient evidence for the jury to consider the burglary charge under Nebraska law, which defines burglary as the willful, malicious, and forcible entry into a property with intent to commit a felony or theft.

Harmless Error Doctrine

Application: The court determined that any error in admitting Black's statement was harmless due to overwhelming evidence against Watkins, thus affirming the conviction.

Reasoning: The court concluded that the admission of Black's prior inconsistent statement was harmless, supported by overwhelming evidence independent of that statement.

Impeachment by Prior Inconsistent Statement

Application: The court examined the admissibility of a prior inconsistent statement used for impeachment, concluding that it was inadmissible as it pertained to collateral matters.

Reasoning: The State's attempt to use Black's denied statement as a means of impeachment is examined under Neb. Evid. R. 607 and R. 613, which both govern the circumstances under which prior inconsistent statements can be used for impeachment.