Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals affirming Defendant's conviction of two counts of possession of a controlled substance, holding that the district court erred in denying Defendant's motion to suppress evidence found during a warrantless search of Defendant's vehicle.On appeal, Defendant argued that the State failed to meet its burden of proving that the search fell within the inventory search exception to the warrant requirement. The court of appeals disagreed, concluding that the police did not use the inventory search as pretext for a general rummaging in order to discover incriminating evidence. The Supreme Court reversed, holding that it was not possible on the record to determine whether the search was conducted in conformity with Omaha Police Department's standardized procedures governing inventory searches; and (2) therefore, the State failed to meet its burden to show that the search fell within the inventory search exception. View "State v. Briggs" on Justia Law

The Supreme Court affirmed the decision of the district court denying Defendant's motion for discharge, holding that the time Defendant spent incarcerated in Douglas County was properly attributable to Defendant for purposes of her speedy trial rights.Defendant was arrested in Lancaster County and charged with possession of methamphetamine. One day before her pretrial docket call, Defendant was arrested for shoplifting in Douglas County. Defendant was arrested on a bench warrant by authorities at Douglas County Department of Corrections but was not returned to Lancaster County. After Defendant was convicted and served her sentence in Douglas County for the shoplifting charge, Defendant was transported to Lancaster County. Defendant filed a motion for absolute charge, which the Lancaster County District Court denied. The Supreme Court affirmed, holding that the Lancaster County District Court did not err in excluding from Defendant's speedy trial calculation the time she spent incarcerated while awaiting charges in Douglas County and while serving her sentence. View "State v. Blocher" on Justia Law

The Supreme Court affirmed Defendant's sentences imposed pursuant to jury convictions related to a prison escape, holding that Defendant's claims lacked merit.After a jury trial, Defendant was convicted of escape, theft by unlawful taking, and operating a motor vehicle to avoid arrest. The trial court found Defendant to be a habitual criminal and sentenced him to a combined consecutive term of eighty to 140 years' imprisonment. Defendant appealed, assigning fourteen errors in his appeal. The Supreme Court affirmed, holding that Defendant failed to show that the trial court erred or abused its discretion in its rulings. View "State v. Clausen" on Justia Law

The Supreme Court reversed the judgment of the district court summarily denying Defendant's motion to vacate or modify seeking reinstatement of his appeal a postconviction ruling, holding that the district court erred when it denied Defendant's motion without a hearing.Defendant was convicted of first degree murder and sentenced to life imprisonment. After Defendant brought an unsuccessful appeal he filed a petition for postconviction relief. The district court denied the petition without an evidentiary hearing. Defendant filed a timely notice of appeal, but his request to proceed in forma pauperis and the accompanying poverty affidavit were not timely filed. The Supreme Court dismissed the appeal for lack of jurisdiction. Defendant subsequently filed in the district court a motion to vacate or modify, seeking reinstatement of his appeal on the grounds that the negligent acts of prison officials in the mailroom at the penitentiary delayed the filing of his poverty affidavit. The district court denied the motion without a hearing. The Supreme Court reversed and remanded for a hearing on the motion, holding that Defendant's claim of official negligence was sufficient to obtain a hearing at which to submit proof to the court of his allegation of official negligence. View "State v. Jones" on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a deadly weapon to commit a felony, holding that there was no merit to the errors assigned and argued by Defendant.Specifically, the Supreme Court held (1) the district court did not err in declining to direct a verdict and finding the evidence was sufficient to support Defendant's convictions; (2) the district court did not err in determining that the evidence supported a conviction of second degree murder rather than sudden quarrel manslaughter; (3) the district court did not err in overruling Defendant's insanity defense; and (4) the district court did not impose excessive sentences. View "State v. Stack" on Justia Law

The Supreme Court affirmed Defendant's conviction of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that the district court did not err in admitting cell phone records for Defendant's phone and statements Defendant made to law enforcement.Prior to trial, Defendant filed motions to suppress his cell phone records and statements he made to law enforcement, arguing that the warrant authorizing the search of Defendant's cell phone records was obtained without probable cause and that his Miranda rights were violated when he invoked his right to remain silent and officers continued to question him. The district court denied the motion to suppress. The Supreme Court affirmed, holding (1) the district court did not err in admitting cell site location information evidence at trial; and (2) Defendant waived any right to assert error in the denial of his motion to suppress his statements made to law enforcement. View "State v. Cox" on Justia Law

The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI), fourth offense, holding that the district court did not err by receiving evidence of a prior conviction offered by the State in support of sentence enhancement.Defendant pleaded guilty to DUI and driving under suspension. At a sentence enhancement proceeding, the State sought to introduce evidence of Defendant's three prior DUI convictions. Defendant objected to the admission of records of his 2010 DUI conviction, arguing that those records did not affirmatively show that he had counsel or had knowingly, intelligently, and voluntarily waived the right to counsel before entering his guilty plea in that case. The Supreme Court affirmed, holding that the district court did not err by receiving records of Defendant's 2010 DUI conviction and finding that his conviction in this case was his fourth offense. View "State v. Teppert" on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences for two counts of third degree sexual assault of a child, one count of attempted incest, and one count of attempted first degree sexual assault, holding that the district court did not commit plain error when it allowed certain testimony and that Defendant's sentences were not an abuse of discretion.On appeal, Defendant argued (1) the district court committed plain error when it allowed an investigator to testify regarding indicators of deception exhibited by Defendant in an interview, and (2) the district court imposed excessive sentences. The Supreme Court disagreed, holding (1) the testimony regarding indicators of deception was not plain error; and (2) Defendant's sentences of imprisonment, rather than probation, were not an abuse of discretion. View "State v. Senteney" on Justia Law

The Supreme Court affirmed Defendant's drug possession conviction, holding that the district court did not err in overruling Defendant's motion to suppress.Defendant was a passenger in a vehicle that was stopped for not having license plates. During the traffic stop, the officer obtained the driver's consent to search the vehicle. The officers found methamphetamine in a purse located on the front passenger floorboard. The purse belonged to Defendant. Defendant filed a motion to suppress, arguing that the search violated her Fourth Amendment protections against unlawful searches and seizures because she did not consent to the search of her purse. The district court overruled the motion. After a bench trial, Defendant was found guilty. The Supreme Court affirmed, holding that the search was constitutional because the officer reasonably believed that the driver could have owned the purse and the officer found the contraband in plain view upon opening the wallet that contained Defendant's identification. View "State v. Andera" on Justia Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for operating a motor vehicle to avoid arrest and obstructing a police officer, holding that the district court did not err when it affirmed the convictions and sentences.On appeal, Defendant argued, among other things, that the district court erred in affirming her allegedly excessive sentence and in directing that her appearance bond be applied to fines and costs. The Supreme Court affirmed, holding (1) the county court did not abuse its discretion when imposing sentence; (2) the county court did not err in ordering that Defendant's bond be applied to fines and costs; and (3) Defendant did not show that counsel provided ineffective assistance. View "State v. Collins" on Justia Law