Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant’s convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person, thus rejecting Defendant’s assignments of error.Specifically, the Court held that the district court did not err in (1) admitting the video of Defendant’s interview with law enforcement officials because, where there was no police coercion and Defendant did not unequivocally invoke the right to remain silent, Defendant’s confession was voluntary; (2) not redacting various statements made in an interview pursuant to Neb. R. Evid. 401 to 403; and (3) overruling Defendant’s motion for mistrial based on statements made by the prosecution in closing arguments because, while the prosecuting attorney made several inappropriate statements, Defendant’s right to a fair trial was not prejudiced. View "State v. Hernandez" on Justia Law

The Supreme Court reversed the decision of the court of appeals remanding this cause with directions to vacate Defendant’s conviction for possession of a deadly weapon by a prohibited person and to dismiss the charge against him, holding that the district court did not err in denying Defendant’s motion to suppress.The court of appeals concluded that there was not probable cause to arrest Defendant and that the inventory search of his vehicle must be suppressed. The Supreme Court disagreed, holding that the court of appeals erred in vacating Defendant’s conviction because there was probable cause to support Defendant’s arrest, and therefore, the inventory search of his vehicle was authorized and the weapon found in that search was admissible. View "State v. Botts" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Appellant’s motion for postconviction relief following an evidentiary hearing.Appellant was convicted of second degree murder under a theory of aiding and abetting, among other crimes. The Supreme Court affirmed the convictions and sentences on direct appeal. Appellant then filed a timely motion for postconviction relief alleging that his trial counsel was ineffective in several respects. The district court denied the motion. The Supreme Court affirmed, holding (1) the district court did not err in failing to find that Appellant’s trial counsel and appellate counsel were ineffective; (2) the trial court did not err in failing to make rulings on certain claims raised in Appellant’s postconviction motion; and (3) Appellant’s argument that postconviction counsel provided effective assistance at the evidentiary hearing was without merit. View "State v. McGuire" on Justia Law

The Supreme Court affirmed Defendant’s jury convictions and sentences for first degree murder, use of a deadly weapon to commit a felony, possession of a deadly weapon by a prohibited person, and possession of a controlled substance. The Court held that the trial court did not err in (1) denying Defendant’s motion to sever count IV from the amended information, (2) finding that Defendant’s conviction of first degree murder was supported by competent evidence; and (3) denying Defendant’s motion for new trial based on prosecutorial misconduct. Further, trial counsel did not provide ineffective assistance. View "State v. Cotton" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant postconviction relief after an evidentiary hearing mandated by the Court’s decision in the first appeal.Appellant pled guilty to first degree murder. Appellant later sought postconviction relief, claiming that DNA evidence had been planted. The district court denied relief, concluding that Appellant’s claim was procedurally barred. The Supreme Court remanded, determining that Appellant’s claim was not procedurally barred and that Appellant alleged facts which, if proved, could constitute an infringement of his constitutional rights. Appellant then filed an amended motion for postconviction relief alleging, among other claims, that his constitutional rights were violated by the planting of DNA evidence. After an evidentiary hearing, the district court denied Appellant’s amended motion for postconviction relief for failure to meet his burden of proof. The Supreme Court (1) vacated and set aside the district court’s order granting leave to file an amended motion for postconviction relief and the portion of its order concerning those claims which were outside the scope of the Court’s mandate; and (2) affirmed in all other respects the district court’s order denying postconviction relief, holding that Appellant’s remaining claim was without merit. View "State v. Henk" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder, manslaughter, two counts of use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that Defendant’s allegations of error were without merit.On appeal, Defendant argued that evidence obtained pursuant to an alleged invalid warrant should have been excluded at his jury trial and that his counsel provided ineffective assistance. The Supreme Court disagreed, holding (1) Defendant’s first assignment of error was without merit; and (2) there was no merit to any of Defendant’s ineffective assistance of counsel claims. View "State v. Nolt" on Justia Law

In this criminal case, the district court did not err in denying Defendant’s plea in bar to charges of sexual assault of a child.During his criminal trial, Defendant moved for a mistrial based upon the court’s decision to grant the State’s motion to amend the information and a jury instruction after the jury had begun deliberations. The court sustained the motion and declared a mistrial. Thereafter, Defendant filed a plea in bar asserting that a new trial would subject him to double jeopardy because the State created the need for a mistrial. The district court denied the plea in bar. The Supreme Court affirmed, holding that double jeopardy did not bar a new trial because Defendant failed to show that the State provoked him into moving for a mistrial and that double jeopardy did not prevent a new trial. View "State v. Bedolla" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder and two counts of possession of a deadly weapon by a prohibited person and sentencing him to life imprisonment on the murder conviction and fifteen to twenty years’ imprisonment on the possession convictions. The court held that the district court did not err in (1) overruling Defendant’s motion to suppress the evidence obtained during the search of a vehicle; (2) overruling Defendant’s motion in limine seeking to exclude certain testimony; (3) denying Defendant’s motion to strike a statement made by the State in rebuttal closing argument; (4) failing to find that Defendant was denied effective assistance of counsel; and (5) overruling Defendant’s motion to dismiss and motion for directed verdict. View "State v. Hill" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant’s amended and supplemental motions for postconviction relief.Defendant was convicted of second degree murder and use of a firearm to commit a felony. Defendant filed amended and supplemental motions for postconviction relief, claiming that the jury instructions given in his case denied him due process and that he received ineffective assistance of trial and appellate counsel. The district court denied the motions after an evidentiary hearing. The Supreme Court affirmed, holding (1) the holdings in State v. Smith, 806 N.W.2d 383 (Neb. 2011), did not apply to Defendant retroactively on collateral review; (2) Defendant’s convictions did not offend his due process rights; and (3) Defendant’s claims of ineffectiveness of trial and appellate counsel were without merit. View "State v. Glass" on Justia Law

While dating April, Johnson made threats concerning April’s relationship with her former husband Edward. The night before April’s death, Johnson was upset that Edward had repaired April’s van. April’s neighbors reported hearing loud arguing in the early morning hours of December 11, 2011. On December 12, April did not report to work. Officers found April’s body. A pathologist opined that her death was a homicide caused by a stab wound to her abdomen and suffocation, On December 15, Johnson was arrested in Michigan driving April’s van, which contained Johnson’s blood-stained T-shirt and shoes. The DNA matched April’s profile. Johnson was convicted of first-degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. On appeal, Johnson unsuccessfully claimed that the court erred by admitting cumulative, gruesome autopsy photographs; brought a Batson challenge; and challenged testimony and exhibits about Johnson’s DNA profile. Johnson’s motion for post-conviction relief alleged ineffective assistance of counsel for failing to move for discharge on the basis of speedy trial, failing to object to the prosecutor’s voir dire comments, failing to properly examine various witnesses, failing to argue after moving for a directed verdict, failing to object to the state’s closing argument, failing to sever one count, and failing to allow Johnson to testify. The Nebraska Supreme Court affirmed the denial of the motion without holding an evidentiary hearing. Johnson failed to allege sufficient facts to demonstrate violation of his constitutional rights. View "State v. Johnson" on Justia Law