Justia Criminal Law Opinion Summaries

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

In this case, the appellant, Keith L. Allen, shot and killed Brett Allen Torres in May 2020. Allen was subsequently prosecuted and convicted of first-degree murder and use of a firearm to commit a felony. Separately, Victoria A. Czech, as the personal representative of Torres' estate, sued Allen for wrongful death and conscious suffering. Czech also sought and obtained an order of prejudgment attachment on Allen’s assets, fearing he might conceal or remove them.The district court for Lincoln County, Nebraska, overruled Allen’s pretrial motions, including a motion for change of venue and a motion in limine to exclude evidence of his convictions. The court also granted Czech’s motion for partial summary judgment on the issue of liability, finding no material issue of fact regarding Allen’s responsibility for Torres’ death. Allen’s subsequent objection and motion to vacate the order of prejudgment attachment were also overruled.Allen appealed these decisions during the trial (case No. S-23-1037) and after a jury awarded Czech $130,000 in damages (case No. S-24-047). The Nebraska Supreme Court dismissed the first appeal for lack of jurisdiction, as the orders challenged were not final. In the second appeal, the court affirmed the district court’s decisions, finding no abuse of discretion or error in the rulings.The Nebraska Supreme Court held that the district court did not abuse its discretion in denying Allen’s motion for change of venue, as Allen failed to provide evidence of pervasive pretrial publicity. The court also found that Allen did not preserve his claim regarding the motion in limine because he did not object to the evidence at the summary judgment hearing. The court affirmed the partial summary judgment, noting the record was insufficient to review the decision. The court also found Allen’s claims regarding the prejudgment attachment moot due to the final judgment. Finally, the court held that the district court retained jurisdiction despite Allen’s appeal, as the appeal was not from a final order. View "Czech v. Allen" on Justia Law

An inmate, Trever Ballheim, appealed the denial of his petition for a writ of habeas corpus by the district court. Ballheim was originally sentenced to two different terms: 2 to 2 years for possession of a controlled substance and 10 to 11 years for being a habitual criminal. The district court later issued an order nunc pro tunc, changing the sentence for possession to 10 to 11 years, which Ballheim argued was void as it was issued without his presence and beyond the court's term.The district court dismissed Ballheim's petition without a hearing, citing that habeas corpus is not available for mere errors in judgment. Ballheim contended that the nunc pro tunc order was a nullity and that his sentence for being a habitual criminal was void, as it is not a crime. He argued that he had already served the valid sentence for possession.The Nebraska Supreme Court reviewed the case de novo and found that the nunc pro tunc order was void because it improperly changed the original sentence beyond correcting a clerical error. The court held that the original sentence for being a habitual criminal was void, as habitual criminality is not a separate crime but an enhancement. Since Ballheim had served the valid sentence for possession, he was entitled to habeas relief.The court reversed the district court's decision and remanded the case with directions to issue the writ of habeas corpus and hold a hearing to determine if Ballheim should be discharged from custody. View "Ballheim v. Settles" on Justia Law

John G. Strawn entered a plea agreement to plead no contest to two counts of third-degree assault. The State agreed not to mention any sexual contact in the factual basis for the charges. However, the county court found that Strawn had subjected a victim to sexual contact based on information in the presentence investigation report (PSR) and ordered him to register as a sex offender under Nebraska’s Sex Offender Registration Act (SORA).Strawn appealed to the district court, arguing that the county court erred in requiring him to register as a sex offender because the factual basis provided by the State did not include any evidence of sexual contact. He also contended that the county court should have made a specific credibility finding and that he was denied procedural due process. Additionally, Strawn challenged the county court's advisement that his conviction might result in a federal firearms prohibition. The district court rejected Strawn's arguments and affirmed the county court's judgment.The Nebraska Supreme Court reviewed the case and found no merit in Strawn's arguments. The court held that SORA does not require evidence of sexual contact to be present in both the factual basis and the PSR; it is sufficient if such evidence is found in the record, which includes both the factual basis and the PSR. The court also determined that the county court was not required to make an express credibility finding and that there was sufficient evidence in the PSR to support the finding of sexual contact. The court concluded that Strawn was afforded procedural due process, as he was given notice and an opportunity to be heard regarding SORA registration. Finally, the court noted that the county court's advisement about the potential federal firearms prohibition did not impose any prohibition itself. The Nebraska Supreme Court affirmed the district court's judgment. View "State v. Strawn" on Justia Law

Keloni Jones was involved in an altercation outside a bar in Omaha, Nebraska, where she shot and killed a security guard. She was initially charged with second-degree murder and use of a deadly weapon to commit a felony. Under a plea agreement, the charges were amended to manslaughter and possession of a deadly weapon during the commission of a felony, to which Jones pled no contest.The District Court for Douglas County initially sentenced Jones to 20 to 20 years for manslaughter and 20 years plus 1 day for possession of a deadly weapon, to be served consecutively. However, the court later realized the manslaughter sentence was invalid as it did not comply with statutory requirements. The court reconvened and modified the manslaughter sentence to 19 years 364 days to 20 years, while keeping the possession of a deadly weapon sentence unchanged.Jones appealed, arguing that the district court erred in modifying the sentence and that the sentences were excessive. The Nebraska Supreme Court reviewed the case. It held that the district court had the authority to modify the invalid sentence before it was entered into the court's records. The court also found that the sentences were within statutory limits and not an abuse of discretion, considering the nature of the crime and the benefits Jones received from the plea agreement.The Nebraska Supreme Court affirmed the district court's judgment, upholding the modified sentences. View "State v. Jones" on Justia Law

The case involves the defendant, who was convicted of first and third degree sexual assault of his stepdaughter. The assaults allegedly occurred between December 1, 2021, and February 24, 2022, in Grand Island, Hall County, Nebraska. The victim, a minor, reported the assaults to her boyfriend, who then informed school authorities, leading to the defendant's arrest. The victim testified that the assaults included both nonpenetrative and penetrative acts, with the latter occurring shortly before she disclosed the abuse.In the District Court for Hall County, the defendant filed a praecipe for a subpoena duces tecum to have a doctor testify about a medical report indicating the victim reported a sexual assault occurring approximately four months prior to March 25, 2022. The court quashed the subpoena and barred the evidence, citing a discovery violation and failure to follow proper procedures for obtaining privileged medical records. The court also denied the defendant's motion in limine to exclude evidence of prior sexual assaults outside the charged timeframe.The Nebraska Court of Appeals affirmed the convictions, holding that the defendant failed to preserve the issue of the discovery sanction for appeal by not renewing the offer of proof at trial. The court also found no prejudice from the alleged ineffective assistance of counsel, as the defendant did not specifically assign as error the failure to make an offer of proof at trial or to question the victim about her statement to the doctor.The Nebraska Supreme Court reviewed the case and affirmed the Court of Appeals' decision. The Supreme Court held that the defendant adequately preserved the issue of the discovery sanction through his offer of exhibit 2 and the evidence adduced at trial. However, the court found that any error in excluding the evidence was harmless beyond a reasonable doubt, as the defendant was able to confront the victim with similar inconsistent statements during cross-examination. The court also concluded that the defendant could not establish prejudice from the alleged ineffective assistance of counsel, as the exclusion of the evidence did not materially influence the outcome of the case. View "State v. Aquino" on Justia Law

Detron L. Perry was convicted of driving under suspension and operating a motor vehicle to avoid arrest. Officer Molly Coon of the Bellevue Police Department stopped Perry's vehicle after observing it driving slowly and discovering that the owner had a suspended license. Coon also noticed that the vehicle's left rear turn signal was not working properly. During the stop, Perry fled the scene, leading to his arrest later.The district court for Sarpy County denied Perry's motion to suppress evidence obtained from the stop, finding that the stop was justified based on the malfunctioning turn signal. Perry was found guilty of both charges. At sentencing, Perry was sentenced to probation, but the court did not impose a mandatory 2-year license revocation as required by Neb. Rev. Stat. § 28-905(3)(b).The Nebraska Supreme Court reviewed the case and affirmed the district court's denial of Perry's motion to suppress, finding that the stop was reasonable based on the observed traffic violation. The court also found sufficient evidence to support Perry's convictions for driving under suspension and operating a motor vehicle to avoid arrest. However, the Supreme Court concluded that the district court committed plain error by not imposing the mandatory 2-year license revocation or impoundment as required by § 28-905(3)(b).The Nebraska Supreme Court affirmed Perry's convictions but vacated the sentence and remanded the case for resentencing to include the mandatory 2-year license revocation or impoundment. View "State v. Perry" on Justia Law