A man who was arrested in October, 2014 following an
Interstate 80 drug stop just west of Lincoln while on his way to Colorado with $65,000 to purchase
marijuana has been cleared of all charges. According to Lincoln Judge Susan Strong,
24-year-old Erik J. Felsheim of Minnesota committed no crime in Nebraska
by intending to commit a crime in another state.
Felsheim’s defense attorney pointed to the 1975 Nebraska Supreme
Court ruling State v. Karsten, in which a man was convicted of conspiracy
to assault a man in Colorado for planning and paying a man in Nebraska
to commit the act. Since the assault never took place, the conviction
was eventually overturned. Despite arguments from the state asserting
that Felsheim intended to bring the drugs back to Nebraska, Judge Strong
found no evidence of these claims. While it is a crime in Nebraska to
possess money intended to be used for the purchase of illicit drugs, Felsheim’s
possession of currency was not a crime in and of itself.
According to Chief Deputy County Attorney Pat Condon, the decision is a
big deal as it presented a situation in which someone admitted what they
were doing yet still managed to avoid conviction. Since no appeal will
be made of the decision, this move could establish legal precedent.
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Nebraska Interstate Drug Stop Attorney
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