State v. Morrow

731 N.W.2d 558 (2007)

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State v. Morrow

Nebraska Supreme Court
731 N.W.2d 558 (2007)

Facts

Jerry Morrow Sr. (defendant) was pulled over, and the police found methamphetamine in a cup in the car. Nancy Sensenbach and Shelli Ballou were also in the car at the time. Morrow was charged with possession of the methamphetamine. At trial, the police officer who had found the drugs testified that both Sensenbach and Ballou had told him that the cup and drugs were not theirs. Sensenbach testified at trial, but Ballou did not. The defense sought permission to have Sensenbach testify that Ballou had made a statement to Sensenbach during Morrow’s arrest that indicated that the drugs were Ballou’s. The trial court excluded this statement by Ballou as hearsay. Morrow was convicted, and he appealed, arguing that Sensenbach’s testimony about Ballou’s statement should have been admissible to impeach Ballou under Nebraska’s counterpart to Federal Rule of Evidence 806 (Rule 806).

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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