Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in Criminal Law
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The Supreme Court reversed the judgment of the district court overruling Defendant's motion for absolute discharge for a violation of his statutory speedy trial rights under Neb. Rev. Stat. 29-1207, holding that the district court properly found that Defendant's statutory speedy trial rights had not been violated.The State charged Defendant by an information with one count of possession of methamphetamine, a felony. Defendant later filed his motion for absolute discharge pursuant to the speedy trial statute. After a hearing, the district court overruled the motion. The Supreme Court reversed, holding that the State failed to bring Defendant to trial with its six-month statutory deadline and that the evidence did not prove or permit a reasonable inference of delay resulting from either "absence or unavailability" or "other proceedings." View "State v. Hernandez" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed the judgment of the district court denying Defendant postconviction relief without holding an evidentiary hearing, holding that the district court did not err.Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony in connection with the death of his girlfriend. The Supreme Court affirmed on direct appeal. Defendnat later filed a pro se motion for postconviction relief, alleging that both his trial counsel and appellate counsel provided ineffective assistance. The postconviction court denied relief without a hearing. The Supreme Court affirmed, holding that the allegations in Defendant's postconviction motion did not warrant an evidentiary hearing and that Defendant was not entitled to relief. View "State v. Munoz" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed the judgment of the district court dissolving the marriage of Daniel Cornwell and Melanie Cornwell, holding that the district court did not err in using the immediate offset method of valuation to value the martial portion of Daniel's pension.Both parties appealed in this case. Daniel argued that the district court erred in using the immediate offset method to value his pension. On cross-appeal, Melanie argued that the district court erred in not awarding her attorney fees and costs. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion by using the immediate offset method of valuation and to accordingly value and divide the estate; and (2) did not err in not awarding Melanie attorney fees and costs. View "Cornwell v. Cornwell" on Justia Law

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The Supreme Court affirmed the judgment of the district court quashing Appellant's application for writ of habeas corpus and dismissing Appellant's error proceeding, holding that the district court did not err.Appellant's parole was revoked after he pled guilty for violating a condition of parole. Appellant filed an amended complaint, styled as a "Petition in Error & Application for a Writ of Habeas Corpus," challenging the decision. The court quashed the application for writ of habeas corpus and dismissed the error proceeding. Appellant appealed, assigning fourteen errors with regard to both proceedings. The Supreme Court affirmed, holding (1) the district court lacked jurisdiction over the error proceeding because the petition in error was not timely filed; and (2) because habeas corpus is a collateral proceeding, the district court did not err in quashing Appellant's application for a writ of habeas corpus. View "Tyrrell v. Frakes" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed the judgment of the trial court denying Defendant's motion for postconviction relief, holding that the arguments contained in Defendant's appeal were without merit.Defendant was convicted of motor vehicle homicide, manslaughter, leaving the scene of a personal injury accident resulting in serious bodily injury or death, and driving without an ignition interlock device. Defendant brought a postconviction action challenging his convictions, arguing that at trial and on direct appeal his counsel provided ineffective assistance and that the prosecutor committed misconduct. While Defendant's appeal was pending he filed an application to remand for a hearing to determine whether to amend three alleged misstatements in the bill of exceptions. The district court denied relief on all of Defendant's claims. The Supreme Court affirmed, holding that the district court did not err in denying Defendant's motion to amend the bill of exceptions and did not err in overruling his motion for postconviction relief without a hearing. View "State v. Malone" on Justia Law

Posted in: Criminal Law
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The Supreme Court reversed the judgment of the district court denying Appellant's motion for absolute discharge, holding that Appellant's assignment of error was both reviewable and meritorious.On appeal from the denial of his motion for absolute discharge, Appellant argued that he was not tried within the statutory six-month period under Neb. Rev. Stat. 29-1207 and that the State failed to prove that the delay was the result of any properly excluded period. The Supreme Court agreed and remanded the cause with directions to grant Appellant's motion for absolute discharge, holding that Appellant was not tried within six months of the complaint being filed and that the State failed to meet its burden of proving excludable time. View "State v. Jennings" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed Defendant's convictions of first degree murder and use of a firearm to commit a felony, holding that the trial court did not commit reversible error or abuse its discretion.Specifically, the Supreme Court held that the district court (1) applied the correct standard and did not abuse its discretion in denying Defendant's motions for appointment of successor trial counsel and by denying counsel's motion to withdraw; (2) did not abuse its discretion by denying Defendant's request to obtain his own physical copies of discovery material; (3) did not abuse its discretion in discharging an African-American juror; (4) did not err by allowing the State to present a portion of its case in chief in Defendant's absence; and (5) Defendant was not entitled to relief on his remaining assignments of error. View "State v. Figures" on Justia Law

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The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a firearm to commit a felony, holding that the district court did not err in its evidentiary rulings and that there was sufficient evidence to support the convictions.Specifically, the Supreme Court held (1) the district court did not err when it overruled Defendant's motion in liming to exclude the testimony of a firearm and toolmark examiner and when it subsequently overruled Defendant's renewed objection at trial; (2) there was sufficient evidence to support Defendant's convictions; and (3) the district court did not abuse its discretion when imposing sentences. View "State v. Wheeler" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed all of Defendant's convictions with the exception of the misdemeanor violation of carrying a concealed weapon in violation of Neb. Rev. Stat. 28-1202, which the court reversed and remanded with directions to vacate, holding that the insufficient to support the conviction for carrying a concealed weapon.Specifically, the Supreme Court held (1) the district court for York County was the proper venue in which to bring charges against Defendant; (2) the district court did not err by commencing the trial without appointing him counsel or standby counsel; (3) the district court did not violate Defendant's right to be present when it commenced trial with Defendant's representing himself pro se and when it continued with the trial after Defendant failed to reappear following noon recess; and (4) while the evidence was sufficient to support the majority of Defendant's convictions, there was insufficient evidence to support a finding that Defendant was carrying a weapon concealed on or about his person. View "State v. Warlick" on Justia Law

Posted in: Criminal Law
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The Supreme Court affirmed the order of the district court denying Defendant's pro se motion for postconviction relief without holding an evidentiary hearing, holding that Defendant's claims were all either procedurally barred, based upon mere conclusions of fact and law, or refuted by the trial record.Defendant was convicted of first degree murder and other offenses. In his pro se motion for postconviction relief, Defendant argued (1) law enforcement extracted information from his cell phone before the crime occurred and unlawfully searched the phone before obtaining a warrant, (2) the State committed a Brady violation, (3) there were various acts of prosecutorial misconduct committed during trial, and (4) both trial counsel and appellate counsel were ineffective. The Supreme Court affirmed the district court's denial of postconviction relief, holding that there was no merit to Defendant's assignments of error. View "State v. Stelly" on Justia Law