Hess v. State

In 1985, Appellant was found guilty of second degree murder. The Supreme Court later decided State v. Myers, which held that if malice was an essential element of the crime of second degree murder and the jury was not so instructed, reversal of the conviction was required. In accordance with Myers, Appellant’s conviction was vacated and a retrial ordered. Before Myers was decided, however, Appellant was charged in Lancaster County with several felonies. Appellant was found guilty and sentenced to life imprisonment. The second degree murder charges against Appellant were eventually dismissed. In 2009, Appellant unsuccessfully filed a claim asking for compensation under the Nebraska Claims for Wrongful Conviction and Imprisonment Act (Act). Appellant then filed suit against the State, alleging that he was entitled to damages for his wrongful conviction for second degree murder. After a trial, the district court found that Appellant had not shown he was innocent of the murder, as required by the Act, and dismissed Appellant’s petition. The Supreme Court affirmed, holding that the district court did not err in (1) requiring Appellant to prove his innocence and not finding Appellant innocent under the Act; (2) denying Appellant’s motion for counsel; and (3) considering Appellant’s Lancaster County convictions. View "Hess v. State" on Justia Law