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High Court throws out Scotts Bluff County appeal

The Nebraska Supreme Court has denied a second request for a new trial in a Scotts Bluff County District Court case involving a man who was sentenced to 20 to 25 years in prison for assaulting another man with a baseball bat.

Shawn Cross received the sentence in 2010 after he was found to be an habitual criminal by the court when he was convicted of second degree assault and use of a weapon to commit a felony in a 2009 attack on Pedro Pacheco.

Cross had claimed there was new discovered evidence in the case in his appeal, but the Supreme Court in a decision Friday ruled there was no new evidence that couldn’t have been reasonably discovered and presented during the trial. The high court also said the timeliness of the appeal was in question and supported the district court dismissing his latest motion without a hearing.

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