Nebraska Supreme Court May 18, 2007, S-06-866 (State v. Morrow)

Wright, J.

NATURE OF CASE

Jerry Dean Morrow, Sr., was convicted of one count of possession of a controlled substance, a Class IV felony. See Neb.

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Rev. Stat. § 28-416(3) (Cum. Supp. 2004). At trial, the State offered in evidence certain out-of-court statements made by an unavailable witness. Morrow sought to impeach such statements with other out-of-court statements from the same witness.