Tuesday, December 8, 2009

NE 14 yr old juvenile tried as an adult and get 60 to 60 years

"After [Goodwin] giving a statement to police ... admitted firing shots which killed a 6-year-old girl, Goodwin was charged with first degree murder and use of a firearm in the commission of a felony. Goodwin was 14 years 3 months of age at the time of the shooting and the district court denied his motion to transfer his case to juvenile court and his motion to suppress the statement. Goodwin was tried before a jury where his defense was that he fired the fatal shots, but that he did so without the intent to kill and was therefore guilty only of manslaughter. After the jury received a step instruction he was found guilty of second degree murder and a related weapons charge. Goodwin appealed to the Nebraska Supreme Court challenging the denial of the district court of his motion to transfer, his motion to suppress, and the step instructions given to the jury. The Court affirmed his conviction and sentence of 50 to 50 years’ imprisonment on the second degree murder conviction and to a consecutive term of 10 to 10 years’ imprisonment on the weapons charge, with credit given for time served ." at 947.

State v. Goodwin, 278 Neb. 945 (2009)

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