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.
For the full story, check out the original article on journalstar.com.
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