State v. Parker

Full title: STATE OF NEBRASKA, APPELLEE, v. STEVEN PARKER, APPELLANT

Court: Supreme Court of Nebraska

Date published: Jan 2, 2009

276 Neb. 965 (Neb. 2009)

767 N.W.2d 68

Opinion

No. S-06-1442.

Filed January 2, 2009.

Appeal from the District Court for Sarpy County: DAVID K. ARTERBURN, Judge. Supplemental opinion: Former opinion modified. Motion for rehearing overruled.

Robert B. Creager, of Anderson, Creager Wittstruck, PC., for appellant.

Jon Bruning, Attorney General, and James D. Smith for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

SUPPLEMENTAL OPINION

PER CURIAM.

This matter is before the court on the motion for rehearing filed by the State of Nebraska, appellee, regarding our opinion reported at State v. Parker, ante p. 661, 757 N.W.2d 7 (2008). We overrule the motion, but modify the opinion as follows:

1. That portion of the opinion designated "HEARSAY OBJECTION," id. at 675-77, 757 N.W.2d at 19-20, is withdrawn, and the following language is substituted in its place: "Because of this disposition, we do not reach Parker's remaining assignments of error."

2. The concurring opinion, id. at 678, 757 N.W.2d at 21, is withdrawn.

The remainder of the opinion shall remain unmodified.

FORMER OPINION MODIFIED.

MOTION FOR REHEARING OVERRULED.