Justia Nebraska Supreme Court Opinion Summaries

James Sawyer was involved in two drive-by shootings in Omaha, Nebraska, in February 2019. On February 5, Sawyer, as a passenger in a vehicle driven by Adonus Moses, fired multiple shots from a Draco pistol, injuring Erica Robinson and killing Elijah Foster. Sawyer was charged with seven counts, including first-degree murder and use of a deadly weapon. On February 8, Sawyer again fired the Draco at Aldron Thompson and his brother, missing both. He was charged with five counts, including attempted assault and use of a deadly weapon.The State moved to consolidate the two cases for trial, which the district court granted. A jury trial ensued, and Sawyer was found guilty on all charges. He was sentenced to life imprisonment for the murder conviction and additional consecutive sentences for the other convictions. Sawyer appealed, arguing improper joinder and ineffective assistance of counsel.The Nebraska Supreme Court reviewed the case. It held that the two cases were sufficiently related to be joined for trial, as both involved Sawyer using a Draco in drive-by shootings within a short time frame and geographical proximity. The court found no prejudice to Sawyer from the joinder, as the evidence against him was overwhelming in both cases.Regarding ineffective assistance of counsel, the court found that Sawyer's claims failed. The court determined that counsel's performance was not deficient in failing to move to suppress cell phone and Facebook evidence, as Sawyer had abandoned the phone and the Facebook warrant was supported by probable cause. Additionally, the court found no prejudice from counsel's failure to object to certain evidence, as it was cumulative or not hearsay. Finally, the court found no basis for a competency evaluation before sentencing, as there was no indication of incompetence post-trial. The court affirmed the convictions and sentences. View "State v. Sawyer" on Justia Law

The State of Nebraska charged Paul Douglas Brooks with two counts of first-degree sexual assault and one count of third-degree sexual assault of a child, all involving the same victim, H.S. Brooks filed a plea in abatement, which was overruled, and he was arraigned. The State later filed a notice of intent to offer evidence of other sexual assaults by Brooks under Neb. Rev. Stat. § 27-414, identifying additional victims. Brooks requested time to take depositions of these witnesses, which delayed the hearing on the State’s notice.The district court for Furnas County overruled Brooks’ motion for absolute discharge based on statutory speedy trial grounds. Brooks conceded that the time related to his plea in abatement was excludable but argued that no other periods should be excluded. The court rejected the State’s argument that the period from arraignment to the status hearing should be excluded but agreed that the time Brooks requested to take depositions was excludable. The court found that Brooks’ request for time to take depositions constituted good cause under § 29-1207(4)(f) and excluded the period from May 23, 2024, to mid-July 2024, extending the trial deadline to October 26, 2024.The Nebraska Supreme Court reviewed the district court’s findings and affirmed the decision. The court agreed that the period from May 23 to mid-July was excludable for good cause, as Brooks requested this time to complete depositions. This exclusion extended the trial deadline beyond the date Brooks filed his motion for absolute discharge and the scheduled trial date. Therefore, the district court did not err in overruling Brooks’ motion for absolute discharge. View "State v. Brooks" on Justia Law

William C. Dugan sought a harassment protection order against Steve Sorensen, alleging that Sorensen attacked him in the driveway of Sorensen's home while Dugan was picking up his children. Dugan claimed Sorensen knocked him down, banged his head into the pavement, and later threatened him while he was in his car waiting for the police. Sorensen argued that he intervened to protect his wife, Natalie Sorensen, who he believed was being assaulted by Dugan. The incident was partially captured on a neighbor's security camera.The district court for Douglas County issued an ex parte harassment protection order in favor of Dugan. At a subsequent show cause hearing, the court reviewed the evidence, including the security footage and testimonies from Dugan, Sorensen, Natalie, and the older child of Dugan and Natalie. The court found Dugan's testimony more credible and determined that Sorensen's actions constituted harassment. The court affirmed the protection order, finding that Sorensen's conduct involved multiple acts of harassment.The Nebraska Supreme Court reviewed the case de novo. The court held that a course of conduct for harassment protection orders requires at least two separate acts of harassment. The court found that Sorensen's physical assault on Dugan in the driveway and the subsequent verbal threats while Dugan was in his car constituted two separate acts of harassment. The court also addressed Sorensen's justification defense, noting that justification is an affirmative defense in criminal prosecutions and certain civil actions but not explicitly in civil protection order proceedings. The court affirmed the district court's decision to issue the harassment protection order, concluding that Sorensen's actions met the statutory definition of harassment and that his justification defense was not applicable. View "Dugan v. Sorensen" on Justia Law

Felipe N. Gonzalez Vazquez was involved in a standoff with law enforcement officers at a residence in Lincoln, Nebraska, on August 26, 2020. Vazquez, who had locked himself in a bedroom, fired multiple gunshots during the standoff, injuring two officers and fatally wounding one. Vazquez was charged with first degree murder and other related felonies. He was found guilty on all counts by a jury and sentenced to prison.In the district court, Vazquez filed motions in limine to exclude testimony about his gang affiliation and the specific nature of the arrest warrants, which were granted. During the trial, Vazquez made two motions for mistrial based on alleged violations of the court's order in limine, both of which were denied. The jury returned guilty verdicts on all charges, and Vazquez was sentenced to a term of not less than 70 years nor more than life for first degree murder, along with additional consecutive sentences for the other convictions.On appeal to the Nebraska Supreme Court, Vazquez argued that the district court erred in denying his motions for mistrial, admitting certain testimony, and accepting the guilty verdicts due to insufficient evidence. He also claimed cumulative error and ineffective assistance of trial counsel in 17 respects. The Nebraska Supreme Court found no abuse of discretion in the district court's rulings, determined that the evidence was sufficient to support the convictions, and concluded that Vazquez's claims of ineffective assistance of counsel either lacked merit, were not sufficiently raised, or could not be resolved on direct appeal. Consequently, the court affirmed Vazquez's convictions and sentences. View "State v. Vasquez" on Justia Law

Aldrick Scott was convicted of first-degree murder, use of a deadly weapon to commit a felony, and tampering with physical evidence after he shot and killed his former girlfriend, Cari Allen, in her home, buried her body, and disposed of other evidence. Scott claimed self-defense, stating that Allen had pulled a gun on him during an argument. However, evidence showed Scott had driven from Topeka to Omaha, where Allen lived, and waited outside her house before the incident. Scott's actions after the shooting, including disposing of Allen's body and other evidence, and fleeing to Belize, were also presented at trial.The District Court for Douglas County denied Scott's motion to suppress evidence obtained from his arrest and search by Belizean police, which included his cell phone. Scott argued that his arrest and search violated Belizean law and the extradition treaty between the United States and Belize, and that the evidence should be excluded under the Fourth Amendment. The court found that U.S. law enforcement did not substantially participate in Scott's arrest and search, and thus, the exclusionary rule did not apply.The Nebraska Supreme Court reviewed the case and affirmed the lower court's decision. The court held that the involvement of U.S. law enforcement did not amount to a joint venture with Belizean police, and thus, the Fourth Amendment's exclusionary rule did not apply. The court also found that any error in admitting the cell phone evidence was harmless, as it was cumulative of Scott's own testimony. Additionally, the court concluded that there was sufficient evidence for a rational trier of fact to find Scott guilty of all charges beyond a reasonable doubt. The court affirmed Scott's convictions and sentences. View "State v. Scott" on Justia Law

A 15-year-old male was charged with a Class II felony for allegedly sexually assaulting a 14-year-old female at a high school in Omaha, Nebraska. The incident was reported by the victim, L.S., who stated that the assault occurred within the school premises. Video footage and interviews with the involved parties, including the accused, Jeremiah T., and a witness, G.G., were part of the evidence. L.S. claimed that Jeremiah forcibly assaulted her despite her resistance, while Jeremiah contended that the encounter was consensual. G.G.'s involvement as a lookout was also scrutinized.The district court overruled Jeremiah's motion to transfer the case to juvenile court, citing concerns about public safety and the severity of the offense. The court found that the nature of the crime and the degree of violence involved suggested that Jeremiah might need supervision beyond the age of 19, which the juvenile court could not provide. The court also noted that while Jeremiah was amenable to treatment, the timeline for effective rehabilitation within the juvenile system was uncertain.The Nebraska Court of Appeals reversed the district court's decision, arguing that the lower court abused its discretion. The appellate court emphasized that the evidence favored Jeremiah's rehabilitation within the juvenile system and that the State did not sufficiently prove a sound basis for retaining the case in adult court. The Court of Appeals highlighted the availability of appropriate services in the juvenile system and questioned the district court's interpretation of the evidence.Upon further review, the Nebraska Supreme Court found that the Court of Appeals had improperly reweighed the evidence and failed to apply the correct standard of review. The Supreme Court held that the district court did not abuse its discretion in retaining the case in adult court, as its decision was supported by appropriate evidence and considerations of public safety. The Supreme Court reversed the Court of Appeals' decision and remanded the case with directions to affirm the district court's order. View "State v. Jeremiah T." on Justia Law

Aubrey C. Trail filed a motion for postconviction relief nearly 14 months after the conclusion of his direct appeal. Trail had previously been found guilty of first-degree murder and criminal conspiracy to commit first-degree murder, and was sentenced to death by a three-judge panel. Trail's direct appeal was unsuccessful, and he did not apply for a stay or file a motion for rehearing. After the mandate issued, Trail requested the appointment of postconviction counsel, which was eventually granted. However, due to various delays, including the withdrawal and replacement of postconviction counsel, Trail filed his motion for postconviction relief on February 14, 2024.The district court for Saline County denied Trail's motion without a hearing, finding it untimely under Neb. Rev. Stat. § 29-3001(4)(a), which requires postconviction motions to be filed within one year of the conclusion of a direct appeal. The court noted that Trail did not raise any arguments regarding the timeliness of his motion in response to the State's assertion that it was time barred.The Nebraska Supreme Court reviewed the case and affirmed the district court's decision. The court held that the one-year limitation period for filing postconviction motions under § 29-3001(4) is not subject to equitable tolling, even in capital cases. The court also found that Trail did not demonstrate that an impediment created by state action prevented him from filing his motion within the statutory period. The court concluded that the district court did not abuse its discretion or violate Trail's due process rights by denying the motion as time barred without providing an additional opportunity for Trail to present his timeliness arguments. View "State v. Trail" on Justia Law

The defendant was charged with two counts of possession of a firearm by a prohibited person. During a search of his residence by his probation officer, alcohol and a loaded rifle were found, violating his probation conditions. The probation officer also found an empty handgun box, and the defendant gave conflicting accounts of the handgun's location. Later, the defendant's girlfriend and her mother, along with the defendant's son, searched the house and found a locked case believed to contain the handgun. They handed the case to a law enforcement officer, who later obtained a warrant to open it, confirming it contained the handgun.The district court denied the defendant's motion to suppress the handgun, finding that the officer did not conduct a search but merely accepted the case from private individuals. The court also found that the officer entered the residence with consent. The defendant was found guilty of possessing the handgun but acquitted of possessing the rifle.The Nebraska Court of Appeals affirmed the conviction, agreeing that the officer entered the residence with consent and that the recovery of the locked case was not the result of a search by law enforcement. The court also found that any error in overruling the motion to suppress was harmless because the defendant did not object to the testimony and evidence presented at trial.The Nebraska Supreme Court reviewed the case and affirmed the Court of Appeals' decision. The court held that the Fourth Amendment was not violated because the search that discovered the locked case was conducted by private individuals who were not acting as government agents. The court concluded that the officer's acceptance of the case did not constitute a search and that the subsequent warrant to open the case was valid. View "State v. Langley" on Justia Law

Melissa S. Bret was charged with theft by shoplifting goods valued at $500 or less and having two prior convictions for the same offense, which would classify the crime as a Class IV felony. A jury found her guilty of shoplifting property valued at $77.64. After the jury returned its verdict, the district court adjudged Bret guilty of theft by shoplifting, a Class IV felony, and sentenced her to 1 year’s imprisonment. However, no evidence was presented regarding Bret’s prior convictions, and the court did not make any findings about such convictions.The District Court for Douglas County initially adjudged Bret guilty of a Class IV felony based on the jury's verdict. During the sentencing hearing, the court and both parties proceeded under the assumption that Bret was being sentenced for a Class IV felony. The presentence investigation report also indicated that Bret was charged with and convicted of a Class IV felony. However, the court did not hold a separate enhancement hearing to determine the existence of prior convictions, nor did the State present evidence of such convictions.The Nebraska Supreme Court reviewed the case and determined that the district court erred in enhancing Bret’s offense to a Class IV felony without evidence of prior convictions. The court held that the sentence imposed was illegal because it exceeded the permissible statutory penalty for a Class II misdemeanor, which is the correct classification based on the jury's finding of the value involved. The Supreme Court vacated Bret’s sentence and remanded the case for resentencing. The court also concluded that the State did not waive its right to seek enhancement and may attempt to prove Bret’s prior convictions on remand. View "State v. Bret" on Justia Law

The defendant was charged with three counts of sexual assault of a child and one count of child abuse, involving two young victims, M.R. and E.R. The alleged crimes occurred while the defendant was babysitting the children during their mother's part-time evening job. M.R. disclosed the sexual assaults years later, and E.R. disclosed the physical abuse during a forensic interview. The defense argued that the children's memories were unreliable and that the defendant lacked the opportunity to commit the crimes.The trial court joined the charges for a single trial, and the jury found the defendant guilty on all counts. The defendant was sentenced to concurrent terms of imprisonment. On appeal, the defendant argued that his trial counsel was ineffective for failing to object to the joinder of charges, request a limiting instruction, and object to certain testimonies on hearsay and foundation grounds. He also claimed the trial court erred in overruling an objection to a witness's testimony about delayed disclosures of abuse.The Nebraska Supreme Court found that the charges were properly joined as they were "connected together" under the relevant statute, given the overlapping timeframes, locations, and witnesses. The court also held that the defendant failed to show prejudice from the joinder, as the evidence was cross-admissible for proper purposes, and the jury was instructed to consider each charge separately. The court found no merit in the claims of ineffective assistance of counsel, as the objections would likely have lacked merit or the evidence was cumulative. The court also ruled that the trial court did not abuse its discretion in admitting the witness's testimony about delayed disclosures. The judgment was affirmed. View "State v. Corral" on Justia Law