State of Nebraska v. James A. Wilson

Omaha, Nebraska criminal defense lawyer represented the Defendant charged with attempted second-degree murder.

The State prosecuted James A. Wilson based on events that
began with a confrontation over a food delivery and ended
when he fired a gun at a police officer. Wilson was ultimately
convicted of attempted second degree murder, two counts of
use of a firearm to commit a felony, discharging a firearm
at an occupied motor vehicle, and two counts of terroristic
threats. Now on appeal, Wilson claims his trial counsel was
ineffective in failing to adequately challenge testimony about
Comment his character and testimony involving the veracity of other
witnesses, as well as evidence he claims was unduly emotional
and inflammatory.

While working as a food delivery driver, Wilson had a
dispute with a pair of customers and later that same day,
exchanged gunshots with a police officer. Wilson was tried
before a jury on charges of one count of attempted sec-
ond degree murder, see Neb. Rev. Stat. §§ 28-304 (Reissue
2016) and 28-201(4)(a) (Cum. Supp. 2024); two counts of
use of a firearm to commit a felony, see Neb. Rev. Stat.
§ 28-1205(1)(a) and (c) (Reissue 2016); one count of discharg-
ing a firearm at an inhabited house, an occupied building, or
an occupied motor vehicle, see Neb. Rev. Stat. § 28-1212.02
(Reissue 2016); and two counts of terroristic threats, see Neb.
Rev. Stat. § 28-311.01 (Reissue 2016). The two counts of ter-
roristic threats and one count of use of a firearm to commit a
felony arose out of Wilson’s interactions with the customers.
Wilson’s encounter with the police officer was the basis for
the charges of attempted second degree murder; the second
count of use of a firearm to commit a felony; and discharging
a firearm at an inhabited house, occupied building, or occu-
pied motor vehicle.

Affirmed