Justia Nebraska Supreme Court Opinion Summaries

Gregory Moore was convicted of second-degree murder and use of a weapon to commit a felony after a jury trial. The incident occurred in November 2020, when Moore was living in an apartment building in Scottsbluff, Nebraska. Early one morning, a tenant heard noises and a man yelling for help from Moore’s apartment. Later, the building manager and police found Moore with blood on him and the body of Fernando Camacho-McBride inside the apartment. Moore claimed someone had entered illegally and was looking at his "inventory." Camacho-McBride had multiple stab wounds, including a fatal one to his arm. Moore was charged with second-degree murder and use of a deadly weapon.The Scotts Bluff County District Court admitted evidence of a prior assault by Moore in March 2020, where he attacked his landlord with a knife, claiming he was protecting his "inventory." Moore objected, arguing this evidence was prejudicial and only showed his propensity for violence. The court allowed the evidence, finding it relevant to Moore’s motive, intent, knowledge, and absence of mistake or accident. The jury was instructed to consider the evidence only for these limited purposes.The Nebraska Supreme Court reviewed the case and upheld the lower court’s decision. The court found that the evidence of the prior assault was relevant for purposes other than showing Moore’s propensity for violence. It was pertinent to proving Moore’s motive, intent, knowledge, and absence of mistake or accident. The court also determined that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice, especially given the limiting instruction provided to the jury. Consequently, Moore’s convictions and sentences were affirmed. View "State v. Moore" on Justia Law

The case involves the prosecution of Kay E. Anderson for multiple misdemeanor violations of a city property maintenance code at a residential apartment complex in Omaha, Nebraska, known as Yale Park. Anderson was responsible for managing and maintaining the complex, which consisted of 13 buildings with approximately 100 residential units. In September 2018, city inspectors, acting on numerous tenant complaints about unsafe living conditions, obtained an inspection warrant and discovered approximately 2,500 code violations. Anderson was subsequently charged with 99 counts of violating the Omaha Municipal Code (OMC).In the county court, Anderson filed motions to suppress the evidence obtained from the inspection, arguing that the warrant was invalid because inspectors had not complied with the statutory requirement to seek consent before obtaining the warrant. The county court initially granted the motion, but the district court reversed, finding Anderson lacked standing to challenge the warrant for units leased to others. Anderson's renewed motion to suppress was denied, and he was convicted on four counts after a bench trial.On appeal, Anderson argued that the evidence should have been suppressed due to the invalid warrant and that the evidence was insufficient to support his convictions. The Nebraska Supreme Court reviewed the case and found that the failure to seek consent before obtaining the inspection warrant did not render the warrant constitutionally invalid. The court held that the omitted information about not seeking consent was not material to the probable cause finding. Additionally, the court found that the violation of the statutory requirement did not affect Anderson's substantial rights and did not require suppression of the evidence.The court also found sufficient evidence to support Anderson's convictions. The violation notices were properly served, Anderson was responsible for maintenance, and he knowingly failed to comply with the correction orders for at least 90 days. The Nebraska Supreme Court affirmed Anderson's convictions and sentences. View "State v. Anderson" on Justia Law

The case involves Jmaun D. Haynie, who was convicted of first-degree murder, second-degree assault, and two counts of use of a firearm to commit a felony. The incident occurred on September 12, 2021, when Haynie and another individual, Izayah Mapp, met Franco Vasquez and Haley Grim in a parking lot in Omaha, Nebraska, under the pretense of purchasing marijuana. During the encounter, both Haynie and Mapp pulled out guns, leading to the shooting of Vasquez and Grim. Vasquez died at the scene, while Grim survived. Evidence included text messages between Vasquez and Haynie, DNA linking Haynie to the vehicle, and social media messages from Haynie indicating his involvement.The District Court for Douglas County, Nebraska, presided over the trial. During the trial, there were two incidents involving the victim's family: an outburst by Vasquez's mother and a spectator wearing a T-shirt memorializing Vasquez. Haynie's counsel moved for a mistrial, arguing these incidents could prejudice the jury. The court denied the motion but took steps to prevent further incidents. The jury was instructed not to let sympathy or prejudice influence their verdict. Haynie was convicted on all counts and sentenced to life imprisonment for the murder charge, along with additional consecutive sentences for the other charges.The Nebraska Supreme Court reviewed the case. The court held that the trial court did not abuse its discretion in denying the motion for a mistrial, as there was no evidence the jury was influenced by the incidents. The court also found no error in the jury instructions given, which followed the Nebraska Jury Instructions. The evidence was deemed sufficient to support Haynie's felony murder conviction, as the intent to rob Vasquez could be inferred from the circumstances. The court affirmed Haynie's convictions and sentences. View "State v. Haynie" on Justia Law

The case involves William Zitterkopf, who was charged with unlawful distribution of an intimate image under Nebraska law. The charges stemmed from allegations that Zitterkopf recorded a sexual encounter with the victim, L.E., without her consent and later distributed a screenshot from the video to his ex-wife and L.E. The image showed L.E. nude from the waist down. Zitterkopf sent the image to L.E. with a message suggesting she confess to lying in an affidavit related to his divorce proceedings.The Scotts Bluff County District Court overruled Zitterkopf’s motion to quash the charge, in which he argued that the statute under which he was charged was unconstitutional. The court found that the statute was not overbroad and did not violate free speech protections because it targeted the nonconsensual nature of the disclosure rather than the content of the image. The court applied an intermediate level of scrutiny and concluded that the statute served an important governmental interest without burdening more speech than necessary.The Nebraska Supreme Court reviewed the case and assumed for the sake of argument that the statute was content-based and subject to strict scrutiny. The court found that the statute served a compelling interest in protecting individual privacy and was narrowly tailored to achieve that interest. The statute required a lack of consent both when the image was created and when it was distributed, and it required that the distribution be done knowingly and intentionally. The court concluded that the statute was not substantially overbroad and did not violate the First Amendment.The court also addressed Zitterkopf’s claims of ineffective assistance of trial counsel. It found that the record on direct appeal was sufficient to determine that Zitterkopf could not show prejudice from his counsel’s failure to object to certain testimony. However, the court found the record insufficient to review Zitterkopf’s claim that his counsel was ineffective for failing to present certain testimony. The Nebraska Supreme Court affirmed Zitterkopf’s conviction. View "State v. Zitterkopf" on Justia Law

James M. Briggs, Jr. was charged with two counts of second-degree assault for attacking two employees at the Lincoln Correctional Center (LCC) on April 21, 2021. The charges were based on allegations that Briggs punched one employee, Parwiz Masoodi, multiple times and kicked another employee, Desaray Kerns, in the face while they were trying to restrain him. Both employees sustained bruising and received emergency medical care.The District Court for Lancaster County held a jury trial in May 2023, where both victims testified, and security footage of the incident was presented. Briggs moved to dismiss the charges at the close of the State’s evidence, arguing insufficient evidence, but the court denied the motion. The jury found Briggs guilty on both counts. At sentencing, the court found Briggs to be a habitual criminal and sentenced him to two consecutive terms of 10 to 12 years’ imprisonment, with a 10-year mandatory minimum for each count.The Nebraska Supreme Court reviewed the case. Briggs argued that the jury instructions were incorrect because they did not include "unlawful" as an element of the offense and that his trial counsel was ineffective for not objecting to this omission. The court found that the instructions, when read as a whole, correctly stated the law and encompassed all material elements of the charged crime. Therefore, Briggs' counsel was not deficient.Briggs also contended that his counsel was ineffective for not informing the court of amendments to the habitual criminal statute that reduced the mandatory minimum sentence. The court noted that the amendments were not in effect at the time of sentencing, so counsel was not deficient. However, applying the rule from State v. Randolph, the court vacated Briggs' sentences and remanded for resentencing under the amended statute, which mitigated the punishment. The convictions were affirmed, but the sentences were vacated and remanded for resentencing. View "State v. Briggs" on Justia Law

Marcus Brown was convicted of theft by unlawful taking after he took two scissor lifts from a Menards distribution center. Brown, who had previously worked as a contractor for Menards, claimed he intended to borrow the lifts for a personal construction project and return them. The prosecution argued that Brown intended to permanently deprive Menards of the lifts, as he did not obtain formal permission or inform anyone at the distribution center of his actions. The lifts were recovered only after Menards' investigation and the involvement of law enforcement.The Douglas County District Court denied Brown's motion for a directed verdict and the jury found him guilty. The court sentenced Brown to 90 days in county jail followed by three years of probation, during which he was ordered to pay restitution of approximately $11,000. Brown appealed, arguing insufficient evidence to support his conviction, improper restitution order, and ineffective assistance of counsel.The Nebraska Supreme Court reviewed the case and found sufficient evidence to support the jury's finding that Brown intended to deprive Menards of the lifts. However, the court identified plain error in the sentencing. The sentence imposed was a determinate sentence of 90 days in jail followed by probation, which is not authorized for a Class IIA felony. The court vacated Brown's sentence and remanded the case for resentencing. The court did not address Brown's arguments regarding the restitution order due to the vacated sentence. Claims of ineffective assistance of counsel related to witness bias and failure to contact other witnesses were deemed insufficiently supported by the record for review on direct appeal. View "State v. Brown" on Justia Law

Rosario Betancourt-Garcia was convicted of kidnapping, use of a firearm to commit a felony, and conspiracy to commit kidnapping after his nephew was found bound and gagged in Madison, Nebraska. Betancourt was arrested in Texas and testified that he was working in Houston at the time of the offenses. However, his nephew and another man involved in the kidnapping identified him as a perpetrator. Betancourt was sentenced to life imprisonment for kidnapping, 10 to 30 years for use of a firearm, and 30 to 50 years for conspiracy, to be served concurrently. On direct appeal, his convictions were affirmed, but his sentence for conspiracy was vacated and remanded for resentencing.The district court for Madison County granted Betancourt an evidentiary hearing on some of his claims of ineffective assistance of counsel but denied others. Betancourt appealed the denial of an evidentiary hearing on his remaining claims. The Nebraska Supreme Court affirmed the district court’s order except for the claim regarding his sentence for conspiracy, which was remanded for a hearing. On remand, the district court corrected Betancourt’s sentences but denied his claims related to his alibi and misidentification defenses, finding that trial counsel made a reasonable strategic decision not to present certain witnesses.The Nebraska Supreme Court reviewed the case and upheld the district court’s findings. The court found that trial counsel’s decision not to subpoena, depose, or obtain sworn statements from witnesses who could not place Betancourt in Texas on the date of the offenses was reasonable. The court also noted that the witnesses were uncooperative and that their testimony could have corroborated the prosecution’s case. As such, the court concluded that Betancourt was not prejudiced by appellate counsel’s failure to raise the issue on direct appeal. The court also found that Betancourt’s other claims were either addressed or precluded under the law-of-the-case doctrine. The order of the district court was affirmed. View "State v. Betancourt-Garcia" on Justia Law

Daniel Dejaynes-Beaman, aged 18, was charged with the murder of Jolene Harshbarger, who was found dead with 12 stab wounds and evidence of sexual assault. Dejaynes-Beaman confessed to the crime during a police interview. Initially charged with first-degree murder and use of a deadly weapon, he later entered a plea agreement, pleading no contest to second-degree murder and use of a deadly weapon other than a firearm.The District Court for Douglas County accepted his plea and sentenced him to 65 years to life for second-degree murder and 40 to 50 years for the weapon charge, to be served consecutively. Dejaynes-Beaman appealed, arguing that his sentences were unconstitutional and an abuse of discretion. He cited his age and difficult upbringing, including exposure to drug abuse and physical violence, as mitigating factors.The Nebraska Supreme Court reviewed the case. It noted that the U.S. Supreme Court's decision in Miller v. Alabama, which prohibits mandatory life without parole for those under 18, did not apply to Dejaynes-Beaman, who was 18 at the time of the crime. The court also found that the district court had considered all relevant factors, including Dejaynes-Beaman’s age, background, and psychological evaluation, before sentencing.The Nebraska Supreme Court held that the sentences were neither unconstitutional nor an abuse of discretion. The court affirmed the district court’s decision, concluding that the sentences were within statutory limits and appropriately considered the nature of the offense and the mitigating factors presented. View "State v. Dejaynes-Beaman" on Justia Law

In 2021, Michael D. Davis pleaded guilty to three counts of child abuse and one count of first-degree arson. For the arson conviction, the court imposed a sentence of 20 to 20 years’ imprisonment. Davis filed a direct appeal, but the Nebraska Court of Appeals found no plain error with respect to the sentences imposed. Davis then filed a motion for postconviction relief, asserting that the sentence for arson was void because the minimum term was the same as the maximum term, violating Nebraska law.The district court agreed with Davis, ruling that the arson sentence did not comply with the statutory requirement that the minimum term be less than the maximum term, and was therefore void. The court concluded that it was necessary to resentence Davis for the arson conviction. In October 2023, the court imposed a new sentence of 19 years 11 months to 20 years’ imprisonment for the arson conviction. Davis appealed this new sentence.The Nebraska Supreme Court found that the district court erred in granting Davis' motion for postconviction relief and resentencing him. The Supreme Court held that when a sentencing court imposes an indeterminate sentence but that sentence fails to pronounce a valid minimum term, the minimum term shall be the minimum imposed by law. In this case, the law supplied a valid minimum term of 1 year’s imprisonment, so Davis’ initial sentence was not void. Therefore, the district court had no authority to modify it. The Supreme Court vacated the new sentence and dismissed the appeal. View "State v. Davis" on Justia Law

The defendant, Jason Assad, was arrested and his property was seized by law enforcement. Among the seized items was a digital video recorder (DVR) that contained footage of an incident between Assad and his wife. This footage was used as evidence in his trial, where he was convicted of first degree false imprisonment, terroristic threats, use of a weapon to commit a felony, and possession of a weapon by a prohibited person. After his conviction and sentencing, Assad sought the return of his seized property, including the DVR.The District Court for Cheyenne County granted Assad's request for the return of most items, but denied the return of the DVR. The court reasoned that the state had an interest in preserving the DVR as evidence for potential future appeals or post-conviction relief efforts by Assad. The court ordered that a complete copy of the contents of the DVR be made and provided to Assad, but the original DVR would remain with the state.Assad appealed this decision to the Nebraska Supreme Court, arguing that the district court erred in denying his request to have the DVR returned to him. The Supreme Court reviewed the case for an abuse of discretion, which occurs when the court's reasons or rulings are clearly untenable and unfairly deprive a litigant of a substantial right and a just result.The Nebraska Supreme Court affirmed the district court's decision, finding no abuse of discretion. The court noted that while future actions might be unlikely, it was not impossible that Assad might bring a postconviction action that is not time barred. The court also noted that certain types of motions for new trial are not time barred in any way, and thus, the potential for such a motion—and in turn, a possible new trial—exists as well. Therefore, the state's interest in retaining the DVR and its original contents was justified. View "State v. Assad" on Justia Law