Justia Criminal Law Opinion Summaries

Felipe N. Gonzalez Vazquez was involved in a standoff with law enforcement officers at a residence in Lincoln, Nebraska, on August 26, 2020. Vazquez, who had locked himself in a bedroom, fired multiple gunshots during the standoff, injuring two officers and fatally wounding one. Vazquez was charged with first degree murder and other related felonies. He was found guilty on all counts by a jury and sentenced to prison.In the district court, Vazquez filed motions in limine to exclude testimony about his gang affiliation and the specific nature of the arrest warrants, which were granted. During the trial, Vazquez made two motions for mistrial based on alleged violations of the court's order in limine, both of which were denied. The jury returned guilty verdicts on all charges, and Vazquez was sentenced to a term of not less than 70 years nor more than life for first degree murder, along with additional consecutive sentences for the other convictions.On appeal to the Nebraska Supreme Court, Vazquez argued that the district court erred in denying his motions for mistrial, admitting certain testimony, and accepting the guilty verdicts due to insufficient evidence. He also claimed cumulative error and ineffective assistance of trial counsel in 17 respects. The Nebraska Supreme Court found no abuse of discretion in the district court's rulings, determined that the evidence was sufficient to support the convictions, and concluded that Vazquez's claims of ineffective assistance of counsel either lacked merit, were not sufficiently raised, or could not be resolved on direct appeal. Consequently, the court affirmed Vazquez's convictions and sentences. View "State v. Vasquez" on Justia Law

Aldrick Scott was convicted of first-degree murder, use of a deadly weapon to commit a felony, and tampering with physical evidence after he shot and killed his former girlfriend, Cari Allen, in her home, buried her body, and disposed of other evidence. Scott claimed self-defense, stating that Allen had pulled a gun on him during an argument. However, evidence showed Scott had driven from Topeka to Omaha, where Allen lived, and waited outside her house before the incident. Scott's actions after the shooting, including disposing of Allen's body and other evidence, and fleeing to Belize, were also presented at trial.The District Court for Douglas County denied Scott's motion to suppress evidence obtained from his arrest and search by Belizean police, which included his cell phone. Scott argued that his arrest and search violated Belizean law and the extradition treaty between the United States and Belize, and that the evidence should be excluded under the Fourth Amendment. The court found that U.S. law enforcement did not substantially participate in Scott's arrest and search, and thus, the exclusionary rule did not apply.The Nebraska Supreme Court reviewed the case and affirmed the lower court's decision. The court held that the involvement of U.S. law enforcement did not amount to a joint venture with Belizean police, and thus, the Fourth Amendment's exclusionary rule did not apply. The court also found that any error in admitting the cell phone evidence was harmless, as it was cumulative of Scott's own testimony. Additionally, the court concluded that there was sufficient evidence for a rational trier of fact to find Scott guilty of all charges beyond a reasonable doubt. The court affirmed Scott's convictions and sentences. View "State v. Scott" on Justia Law

A 15-year-old male was charged with a Class II felony for allegedly sexually assaulting a 14-year-old female at a high school in Omaha, Nebraska. The incident was reported by the victim, L.S., who stated that the assault occurred within the school premises. Video footage and interviews with the involved parties, including the accused, Jeremiah T., and a witness, G.G., were part of the evidence. L.S. claimed that Jeremiah forcibly assaulted her despite her resistance, while Jeremiah contended that the encounter was consensual. G.G.'s involvement as a lookout was also scrutinized.The district court overruled Jeremiah's motion to transfer the case to juvenile court, citing concerns about public safety and the severity of the offense. The court found that the nature of the crime and the degree of violence involved suggested that Jeremiah might need supervision beyond the age of 19, which the juvenile court could not provide. The court also noted that while Jeremiah was amenable to treatment, the timeline for effective rehabilitation within the juvenile system was uncertain.The Nebraska Court of Appeals reversed the district court's decision, arguing that the lower court abused its discretion. The appellate court emphasized that the evidence favored Jeremiah's rehabilitation within the juvenile system and that the State did not sufficiently prove a sound basis for retaining the case in adult court. The Court of Appeals highlighted the availability of appropriate services in the juvenile system and questioned the district court's interpretation of the evidence.Upon further review, the Nebraska Supreme Court found that the Court of Appeals had improperly reweighed the evidence and failed to apply the correct standard of review. The Supreme Court held that the district court did not abuse its discretion in retaining the case in adult court, as its decision was supported by appropriate evidence and considerations of public safety. The Supreme Court reversed the Court of Appeals' decision and remanded the case with directions to affirm the district court's order. View "State v. Jeremiah T." on Justia Law

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