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STATE v. HOTZ

No. S-10-105.

795 N.W.2d 645 (2011)

281 Neb. 260

STATE of Nebraska, appellee, v. Joseph D. HOTZ, appellant.

Supreme Court of Nebraska.

April 1, 2011.

Attorney(s) appearing for the Case

James R. Mowbray and Jeffery A. Pickens , of Nebraska Commission on Public Advocacy, Lincoln, and Paul Wess, Dawes County Public Defender, for appellant.

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

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

HEAVICAN, C.J.

I. INTRODUCTION

Joseph D. Hotz appeals from his convictions of second degree murder, attempted second degree murder, terroristic threats, and three counts of use of a deadly weapon to commit a felony. Hotz filed a petition to bypass, alleging that his case presented a new or novel issue of law, and we granted his petition. The underlying issue in this case is whether the voluntary use of drugs may give rise to a defense of insanity rather...

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