Supreme Court says upholds new trial in murder case - News, Weather and Sports for Lincoln, NE; KLKNTV.com

Supreme Court says upholds new trial in murder case

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Posted By:  KLKN Newsroom
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OMAHA, Neb. (AP) - The Nebraska Supreme Court says Nebraska's self-defense law, which says a person does not have to retreat from his home before using deadly force in self-defense, covers those fending off an attack from a roommate.

The high court's ruling Friday came in the case of Darrell White, who is serving 60 to 90 years for the 2010 stabbing death of 45-year-old Todd Berg in the apartment they shared.

On Friday, the high court upheld a Nebraska Court of Appeals ruling last year granting White a new trial.

The high court agreed that a Sarpy County judge was wrong when he said the jury could only have been instructed that White had no duty to retreat if he had acted in self-defense against an intruder, not someone living with him.

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