Justia Criminal Law Opinion Summaries

The appellant was convicted of second degree murder after a jury trial relating to the disappearance of a fellow college student with whom he was last seen. The defense’s strategy at trial was to present alternative explanations for the missing person’s fate, including accidental hypothermia, and called a forensic pathologist as an expert witness. During cross-examination, the expert stated that if someone purposely placed another person in a dangerous situation where they could not return to safety, that would be considered a homicide. Trial counsel did not object or further clarify the testimony. The jury found the appellant guilty of second degree murder.Following conviction and sentencing, the appellant’s counsel filed a direct appeal, which challenged only the sufficiency of the evidence, and the Nebraska Supreme Court affirmed the conviction. The appellant then filed a motion for postconviction relief in the District Court for Gage County, alleging ineffective assistance of trial counsel based mainly on the handling of the expert’s testimony. After an evidentiary hearing—including depositions of trial counsel—the district court found that counsel’s decisions about the expert’s testimony were strategic and did not amount to deficient performance. The district court denied postconviction relief.On appeal, the Nebraska Supreme Court reviewed the district court’s factual findings for clear error and legal conclusions independently. The court held that trial counsel’s response to the expert’s testimony was a strategic decision and not objectively unreasonable. The court also found that additional claims raised for the first time on appeal could not be considered. The Nebraska Supreme Court affirmed the order of the district court denying postconviction relief. View "State v. Keadle" on Justia Law

The case concerns a man who forcibly entered the home of his former partner, S.E., with whom he shared a child. On May 12, 2023, after their relationship had deteriorated and following multiple threats by him against S.E., he kicked in the door of the house where S.E. was staying. He struck S.E. and, when her brother Jordan attempted to intervene while armed, the defendant shot and killed Jordan. He then shot S.E. in both legs, including while she was holding their child, though the child was not physically harmed. The defendant was charged with eight felony offenses, including first degree murder (premeditated and felony murder), use of a deadly weapon to commit a felony, domestic assault, burglary, and child abuse.The Washington County District Court allowed the State to introduce evidence of prior uncharged assaults by the defendant against S.E., finding this evidence inextricably intertwined with the charged crimes. The court denied the defendant’s request for a self-defense jury instruction, reasoning that he had unjustifiably placed himself in harm’s way by breaking into the residence. The court also permitted S.E. to remain in the courtroom during the trial as an essential witness. The defendant was convicted on all counts and sentenced to multiple terms of imprisonment, some to run concurrently.On direct appeal, the Nebraska Supreme Court affirmed the convictions, holding that the evidence of prior assaults was properly admitted as it provided necessary context for the charged crimes. The Court found no error in the refusal to instruct on self-defense or in allowing S.E. to be present during trial, as the defendant failed to show prejudice. However, the Court held that it was error to sentence the defendant both for felony murder and for the predicate felony of burglary, and that sentences for use of a deadly weapon must be served consecutively, not concurrently. All sentences were vacated and the case was remanded for resentencing, but the convictions were affirmed. View "State v. Logan" on Justia Law

After police responded to a noise complaint, they found the defendant asleep in the driver’s seat of a running vehicle with two tires on a driveway and two tires touching a public street. Officers detected alcohol and obtained a breath sample showing a blood alcohol level of .127. The defendant admitted to drinking earlier. He was charged with driving under the influence, third offense, based on alleged prior DUI convictions.The County Court for Lancaster County initially accepted the defendant’s no contest plea, but the District Court for Lancaster County vacated the sentence, finding the plea was not properly elicited. On remand, a new plea hearing was held and several exhibits were reoffered, but the exhibits intended to show the defendant’s prior convictions were not offered or received. The County Court, mistakenly believing these exhibits were in evidence, enhanced the conviction and sentenced the defendant for a third-offense DUI. The District Court affirmed, finding the plea proper and the sentence within statutory limits.The Nebraska Court of Appeals also affirmed, holding that the defendant could not challenge the enhancement because he had not raised the issue previously and had, through defense counsel’s statements, invited any error regarding the admission of prior convictions. The appellate court treated the enhancement as falling under the invited error doctrine and declined to address whether the sentence was excessive absent proof of prior convictions.The Nebraska Supreme Court determined that plain error occurred because there was no evidence in the record establishing prior convictions to support a third-offense DUI enhancement. The Court held that the lower courts erred by enhancing and sentencing the defendant absent such proof and that the invited error doctrine did not apply. The Court vacated the sentence and remanded the case for a new enhancement and sentencing hearing. View "State v. Molina" on Justia Law

The case involves the criminal prosecution of a defendant who was convicted by a jury of second degree assault and use of a deadly weapon to commit a felony. The incident took place in December 2023 at an apartment complex where the defendant, after an intoxicated and unwelcome visit to his cousin’s apartment, became involved in a confrontation with a neighbor. Testimony established that the neighbor attempted to use a baseball bat to keep the defendant away, resulting in a physical altercation. The neighbor suffered multiple injuries, and there was evidence of an escalating struggle, including the neighbor retrieving a shotgun and a fight over the weapon. Both parties claimed self-defense, and the defendant testified to a different version of the events, stating that he was attacked first and responded only to defend himself.After the jury returned guilty verdicts, the District Court for Scotts Bluff County sentenced the defendant to concurrent prison terms. The defendant, represented by new counsel on appeal, challenged the sufficiency of the evidence and raised several claims of ineffective assistance of trial counsel before the Nebraska Court of Appeals. The appellate brief listed alleged failures by trial counsel, such as not subpoenaing certain witnesses, failing to introduce beneficial evidence, not advising the defendant about attending a deposition, inadequately pursuing a plea deal, and poor trial preparation. However, the Court of Appeals found most claims of ineffective assistance were too vague or lacked necessary specificity in the assignments of error, except for the plea agreement issue, which could not be resolved on the record.The Nebraska Supreme Court reviewed the case. It held that the evidence was sufficient for a rational jury to convict, rejecting the self-defense claim as a matter for the jury. The court clarified that claims of ineffective assistance of counsel must be specifically stated in the assignments of error; general or vague claims are procedurally barred. The Supreme Court affirmed the decision of the Court of Appeals. View "State v. Rupp" on Justia Law

A defendant was convicted following a jury trial after a fatal altercation with his father during a family gathering in Lincoln, Nebraska. The dispute began as a verbal argument, escalated when the father punched the defendant, and culminated when the defendant stabbed his father with a steak knife. The father died from a single stab wound to the chest. It was undisputed that the father initiated the physical confrontation and that the defendant was holding the knife when the fatal injury occurred. The defendant asserted multiple defenses at trial: self-defense, accident, lack of intent to kill, and sudden quarrel. Witnesses provided conflicting accounts about the defendant's statements and actions during the incident.In the District Court for Lancaster County, the defendant sought to introduce evidence of his father's history of violence and abuse, arguing it was relevant to his claim of self-defense. The court limited the admissible evidence to acts occurring within 10 years of the incident, citing remoteness and concerns of unfair prejudice. The court also refused to instruct the jury on unintentional manslaughter, finding that the evidence did not warrant such an instruction. After deliberation, the jury found the defendant guilty of first-degree murder and use of a deadly weapon to commit a felony, and he was sentenced to consecutive terms of imprisonment.Reviewing the case, the Nebraska Supreme Court held that the district court did not abuse its discretion in excluding evidence of older acts, as remoteness affects weight, not admissibility, and the court properly balanced probative value against prejudice. The refusal to instruct on unintentional manslaughter was affirmed because the evidence supported intentional killing. The court found sufficient evidence to sustain both convictions. Claims of ineffective assistance of counsel were rejected where the record was sufficient to do so; other claims were not addressed due to inadequate specificity or insufficient record. The judgment of the district court was affirmed. View "State v. Kruger" on Justia Law

The defendant was charged with two counts of theft by shoplifting, third or subsequent offense, after stealing sunglasses from an optometrist’s office, and an additional count of resisting arrest. He ultimately pled guilty to one count of theft by shoplifting, with the other charges dismissed as part of a plea agreement. At sentencing, the court considered evidence of his prior convictions, making the current offense a Class IV felony. The defendant requested a continuance to attend inpatient substance abuse treatment, citing recent efforts to address his addiction, but the court denied the request, noting inconsistencies in his statements about substance use and skepticism about his motives.Previously, the District Court for Lancaster County accepted the defendant’s guilty plea, found him guilty, and, after an enhancement and sentencing hearing, sentenced him to a determinate term of two years’ imprisonment. The court found substantial and compelling reasons why probation was not appropriate, including the defendant’s criminal history, risk of reoffending, and doubts about his sincerity regarding treatment. The defendant appealed, arguing that the court erred in denying his motion for a continuance, failing to follow statutory requirements for sentencing, and not providing required advisements.The Nebraska Supreme Court reviewed the case and affirmed the district court’s judgment. The court held that the denial of the continuance was not an abuse of discretion, as the defendant failed to show prejudice and had control over the timing of his treatment efforts. The court also found that the district court sufficiently stated its reasoning for denying probation and imposing imprisonment, and that any errors in failing to provide advisements were forfeited and, in any event, harmless. The judgment of the district court was affirmed. View "State v. Dawn" on Justia Law

The case concerns a man who was convicted of first degree murder for killing his wife in 2023. On the night of the incident, the couple went out to dinner and then to a bar, where both consumed alcohol. The husband became angry, accusing his wife of infidelity. After leaving the bar together, they returned home, where two altercations occurred. The next day, the wife was found dead on the bedroom floor, having suffered blunt force head injuries and manual strangulation. The husband admitted to hitting her but denied intending to kill her, and claimed not to remember strangling her. Forensic evidence indicated defensive wounds on the victim, and the husband’s statements and injuries were consistent with him being the aggressor.The District Court for Hamilton County held a jury trial, during which the prosecution introduced evidence of the husband’s prior acts of domestic abuse: one incident in 1997 involving his ex-wife, and another in 2015 involving the victim. The court found these prior acts were proved by clear and convincing evidence and admitted them for purposes other than propensity, such as intent and motive, providing limiting instructions to the jury. The jury found the husband guilty of first degree murder, and the court sentenced him to life imprisonment, initially granting credit for time served. The defendant appealed, challenging the admission of prior bad acts evidence, the sufficiency of the evidence for premeditation, the refusal to instruct the jury on self-defense, and the denial of a change of venue.The Nebraska Supreme Court reviewed the case. It held that the district court did not abuse its discretion in admitting the prior bad acts evidence, as it was relevant for proper purposes and not unduly prejudicial. The court also found the evidence sufficient to support a finding of premeditation, and that a self-defense instruction was not warranted by the evidence. The denial of a change of venue was upheld. However, the Supreme Court found plain error in granting credit for time served against a life sentence and modified the sentence to eliminate that credit, affirming the judgment as modified. View "State v. Adams" on Justia Law

The defendant in this case was on federal supervised release when he absconded, leading to the issuance of a federal warrant for his arrest. Upon being located and arrested in Nebraska, drugs were found in his possession, resulting in state drug charges. After his arrest, he was initially held in a county jail but was soon transferred to federal custody. While in federal custody, Nebraska authorities charged him with a state offense and obtained a writ of habeas corpus ad prosequendum to temporarily transfer him from federal to state custody for prosecution and sentencing on the state charge. He spent 638 days in the county jail under this arrangement before being sentenced in state court.The District Court for Lancaster County considered whether the defendant should receive credit against his state sentence for the time spent in county jail while he was “borrowed” from federal custody. Defense counsel requested such credit, but both the court and counsel acknowledged uncertainty about whether the time should be credited to the state or federal sentence. The district court ultimately declined to award any credit for time served, finding no clear basis in the record to attribute the time exclusively to the state case. The defendant was sentenced to a term of imprisonment to run consecutively to any other sentences, with no credit for time served.On appeal, the Nebraska Supreme Court reviewed the statutory and common law principles governing credit for time served, particularly in cases involving multiple sovereigns. The court held that when a defendant is borrowed from federal custody under a writ of habeas corpus ad prosequendum, the primary jurisdiction remains with the federal authorities, and any credit for time served during that period is attributable only to the federal sentence, not the state sentence. The court affirmed the district court’s decision to deny credit for time served on the state sentence. View "State v. Leatherwood" on Justia Law

The case involved a defendant who was charged with first degree sexual assault of a child, incest with a person under age 18, and tampering with physical evidence. The victim was the defendant’s daughter, who was under 12 years old at the time of the alleged incident. The events in question occurred in the early morning hours, when the child’s mother observed the defendant leaving the children’s bedroom and later questioned her daughter, leading to a disclosure of sexual abuse. The mother examined the child and noticed redness, and the child was subsequently taken to a hospital and a child advocacy center for examination and forensic interviews. The defendant pleaded not guilty, and the case proceeded to a jury trial.The District Court for Douglas County presided over the trial. During the proceedings, the defense objected to certain hearsay testimony and to questions by the prosecution regarding a separate alleged incident of sexual assault. The court overruled some hearsay objections and sustained others, but did not provide limiting instructions or grant a mistrial. The jury found the defendant guilty of first degree sexual assault of a child and incest, but not guilty of tampering with evidence. The court sentenced the defendant to consecutive prison terms within statutory limits. The defendant, represented by new counsel at sentencing, appealed, raising issues including sufficiency of the evidence, evidentiary rulings, prosecutorial misconduct, sentencing, and ineffective assistance of trial counsel.The Nebraska Supreme Court reviewed the case. It held that the evidence was sufficient to support the convictions, as the child’s testimony and corroborating circumstances met the required elements. The court found that any hearsay admitted was cumulative and its admission was harmless beyond a reasonable doubt. Claims of prosecutorial misconduct were reviewed for plain error due to lack of a mistrial motion, and no plain error was found. The sentences were within statutory limits and not an abuse of discretion. The court found the record insufficient to resolve two claims of ineffective assistance of counsel, but rejected the others. The judgment of the district court was affirmed. View "State v. Hagens" on Justia Law

The case concerns a father whose two young children were found dead in his Nebraska home during his court-ordered visitation week. The children’s mother, living in Illinois, became alarmed after missing scheduled video calls and being unable to reach the father. Welfare checks by police initially did not result in entry to the home, but friends of the mother later entered and discovered the children deceased in their beds. The father was located and arrested in California, where he had interactions with two Catholic priests and made statements to law enforcement. The autopsies determined the children died from asphyxia due to smothering.The District Court for Sarpy County conducted a jury trial, during which the father was convicted of two counts of first degree murder and sentenced to consecutive life terms. The defense raised multiple pretrial and trial objections, including challenges to the admission of 911 calls, body camera footage, and statements to priests and police, as well as concerns about juror impartiality, media coverage, and the defendant’s competency following a medical incident during trial. The court overruled these objections and denied motions for mistrial and new trial. The defense also objected to the sentencing process, and the State argued that the trial court erred by granting credit for time served against the life sentences.The Nebraska Supreme Court reviewed the case and affirmed the convictions and consecutive life sentences, but modified the sentence to remove credit for time served, holding that such credit is not permitted against a life sentence. The court found no abuse of discretion or reversible error in the admission of evidence, handling of juror and media issues, or in the court’s rulings on competency and mistrial motions. The court also held that the defendant’s statements to law enforcement were voluntary and not obtained in violation of Miranda rights, and that any privilege regarding statements to clergy was either waived or, if error, harmless. View "State v. Price" on Justia Law