Nebraska Supreme Court

State v. Kalita

October 25, 2024317 Neb. 906

Summary

The Nebraska Supreme Court affirmed the district court's judgment upholding Kalita's convictions for second degree criminal trespass and refusal to obey a lawful order. The court held that Kalita forfeited his as-applied constitutional challenge because he did not specifically raise it in county court, and that presenting it for the first time in the district court did not cure the forfeiture. The court also concluded that sufficient evidence showed Kalita refused an authorized order to leave the Capitol and remained there after receiving notice of trespass.