Justia Criminal Law Opinion Summaries

The case involved a defendant who was convicted of possession of a firearm by a prohibited person and first-offense driving under the influence. The defendant, who had a prior felony conviction, was found driving a borrowed vehicle that became stuck on railroad tracks. Law enforcement responded, conducted DUI tests, and allowed a passenger to search the vehicle for his keys and phone due to extreme cold. During this search, an officer assisted and discovered a firearm in the center console. The prosecution also introduced Facebook messages, purportedly sent by the defendant, to establish knowing possession of the firearm.The District Court for Lancaster County denied the defendant’s motion to suppress evidence of the firearm, finding that the officer had probable cause to search the vehicle based on the odor of marijuana. The court also admitted the Facebook messages into evidence, overruling objections regarding foundation, hearsay, and the Confrontation Clause. On appeal, the Nebraska Court of Appeals affirmed the convictions, concluding that the search was constitutional under both the consent and automobile exceptions to the warrant requirement, and that the Facebook messages were properly authenticated and admissible.The Nebraska Supreme Court reviewed the case, focusing on the admissibility of the firearm and Facebook messages. The court held that the officer’s search was reasonable under the Fourth Amendment as a community caretaking function, not based on the passenger’s consent or the automobile exception. The court also held that user-generated social media records are not self-authenticating business records under Nebraska’s evidence rules, but found that the Facebook messages were sufficiently authenticated and admissible as statements by a party opponent. The court further found no Confrontation Clause violation. The judgment of the Court of Appeals affirming the convictions was affirmed. View "State v. Falcon" on Justia Law

A woman was involved in a car accident in which her passenger suffered severe injuries. She admitted to consuming alcohol and marijuana before driving, and chemical tests confirmed her blood alcohol content was above the legal limit. The passenger was hospitalized in a vegetative state and died several months after the accident. Initially, the woman was charged and convicted of driving under the influence (DUI) resulting in serious bodily injury, for which she received a sentence of incarceration, post-release supervision, and license revocation.After the passenger’s death, the State charged her with motor vehicle homicide while operating under the influence. She argued that this subsequent prosecution violated her double jeopardy rights. The District Court for Douglas County agreed and dismissed the new charge, finding the two offenses to be the same under the Blockburger v. United States test. However, the Nebraska Supreme Court, referencing Diaz v. United States, reversed that decision, holding that double jeopardy did not bar the second prosecution because the death, a necessary element of the more serious charge, had not occurred at the time of the first prosecution.On remand, the district court held a bench trial and found her guilty of motor vehicle homicide/DUI, relying on expert testimony that the collision was the proximate cause of the passenger’s death. The court sentenced her to probation, to run concurrently with any other sentence. On appeal, the Nebraska Supreme Court held that the expert testimony was admissible, the evidence was sufficient to support the conviction, and that cumulative punishment for both offenses was permitted because the legislature clearly authorized it. The court affirmed her conviction and sentence. View "State v. Lewis" on Justia Law

On July 30, 2020, two individuals, Michael Harbour and Nicole Hatten, were shot and killed in the parking lot of a hotel in Omaha, Nebraska. John L. Parks, Sr., was seen on surveillance video with the victims shortly before the shootings. A subsequent search of Parks’ hotel room uncovered a firearm and cocaine. Parks was charged with two counts of first degree murder and several related felonies. Initially represented by appointed counsel, Parks’ case involved multiple pretrial motions, including several continuances and motions to depose witnesses, some of which Parks later claimed were made without his knowledge or consent. Parks also sought personal access to discovery materials while incarcerated, which was denied.The District Court for Douglas County granted the continuances, finding that Parks’ counsel had confirmed Parks’ understanding and consent to tolling his speedy trial rights. Parks later retained new counsel, who also filed pretrial motions and requested further continuances. On the eve of trial, Parks moved for absolute discharge, arguing that his statutory and constitutional speedy trial rights had been violated because delays from his counsel’s motions should not be attributed to him. The district court denied the motion, attributing the delays to Parks and finding no violation of his rights. Parks appealed, and the Nebraska Court of Appeals affirmed, holding that the delays were properly excluded and that Parks’ claims regarding his statutory speedy trial rights were without merit. The court also found it lacked jurisdiction to consider his constitutional speedy trial claims on interlocutory appeal.On further appeal, the Nebraska Supreme Court held that Parks’ statutory speedy trial claims were foreclosed by the law-of-the-case doctrine, as they had been conclusively resolved in the prior appeal. The Court further held that Parks had permanently waived his statutory speedy trial rights by seeking discharge and pursuing an interlocutory appeal, which resulted in a trial date outside the statutory period. The Court also found no violation of Parks’ constitutional speedy trial rights, as the delays were attributable to defense motions and not to the State or the court. The denial of Parks’ motions for personal access to discovery and for a mistrial were upheld, and his claims of ineffective assistance of counsel were rejected. The Supreme Court affirmed Parks’ convictions. View "State v. Parks" on Justia Law

The defendant was charged with first-degree murder, discharging a firearm at an occupied motor vehicle, and two counts of using a firearm to commit a felony. The charges stemmed from a shooting incident where two vehicles were struck by gunfire, resulting in one death and one injury. The defendant claimed self-defense, stating that he fired shots after being shot at first. Law enforcement found multiple firearms and shell casings at the scene, and the defendant was interviewed after being detained.The district court denied the defendant's motion to suppress statements made during his custodial interrogation, finding that he had not effectively invoked his right to counsel and that his statements were voluntary. The court also denied the defendant's motion challenging the jury panel's racial composition, concluding there was no systematic exclusion of minorities in the jury selection process.The Nebraska Supreme Court reviewed the case and affirmed the district court's decisions. The court held that even if the defendant had invoked his right to counsel, he reinitiated the conversation with law enforcement, and his Miranda waiver was knowing and voluntary. The court also found no abuse of discretion in the district court's sentencing, which was within statutory limits and considered relevant factors.The main holdings were that the defendant's statements were admissible, the jury selection process did not systematically exclude minorities, and the sentences imposed were not excessive. The Nebraska Supreme Court affirmed the district court's judgment. View "State v. Sutton" on Justia Law

Jacob Edward Dolinar was charged with various drug offenses in the county court, and the case was later bound over to the district court, where an information was filed on November 16, 2021. Dolinar initially entered a plea of not guilty but later withdrew it and filed a plea in bar, which the district court overruled. Dolinar appealed this decision, and the appellate court affirmed the district court's order on September 15, 2023, issuing a mandate on October 16, 2023. The district court entered its judgment on the mandate on January 31, 2024, and set the trial for June 24, 2024. Dolinar filed a motion for absolute discharge on June 17, 2024, arguing that his right to a speedy trial had been violated.The district court overruled Dolinar's motion for absolute discharge, finding that the State had shown sufficient excludable time periods under Neb. Rev. Stat. § 29-1207(4)(a). The court identified various proceedings and calculated the number of excludable days, concluding that a total of 715 days were excludable, extending the last day for trial beyond the statutory 6-month period. The court also found that Dolinar had waived his right to a speedy trial under § 29-1207(4)(b) by requesting a continuance that extended the trial date beyond the statutory period.The Nebraska Supreme Court affirmed the district court's order, holding that Dolinar was deemed to have waived his right to a speedy trial under § 29-1207(4)(b) when he requested a continuance on March 25, 2022, which extended the trial date beyond the statutory 6-month period. The court found that the district court had properly advised Dolinar of his right to a speedy trial and the consequences of waiving it, and that Dolinar had voluntarily waived his right. The court concluded that the State had met its burden of showing sufficient excludable time periods and that Dolinar was not entitled to absolute discharge. View "State v. Dolinar" on Justia Law

During a prison riot at the Tecumseh State Correctional Institution, inmate Michael Galindo was attacked and killed by other inmates. Eric L. Ramos was identified as a primary participant in the attack and was charged with first-degree murder, use of a weapon to commit a felony, and tampering with evidence. A jury convicted Ramos of all charges.Ramos appealed, arguing several procedural and evidentiary errors. He claimed his constitutional right to a speedy trial and due process were violated due to delays caused by a mistrial and subsequent appeals. The Nebraska Supreme Court found that most of the delay was attributable to Ramos' own motions and appeals, and there was no deliberate attempt by the State to delay the trial. The court concluded that Ramos' constitutional rights were not violated.Ramos also challenged the State's peremptory strike of a Latino juror under Batson v. Kentucky, arguing it was racially motivated. The court found the State provided a race-neutral reason for the strike, which was not clearly erroneous.Ramos moved for a mistrial or a continuance after the State disclosed new evidence during his case in chief. The court found no Brady violation as the evidence was disclosed during the trial and was not material enough to change the outcome.Ramos' motion for a new trial based on newly discovered evidence and juror misconduct was denied. The court found no reasonable probability that the new evidence would have changed the trial's outcome and that the allegations of juror misconduct were unsupported.Finally, Ramos argued that the district court erred in allowing lay witness opinion evidence identifying him in surveillance footage. The court found the testimony admissible as it was rationally based on the witnesses' perceptions and helpful to the jury.The Nebraska Supreme Court affirmed the district court's decisions, finding no merit in Ramos' assignments of error. View "State v. Ramos" on Justia Law

James Sawyer was involved in two drive-by shootings in Omaha, Nebraska, in February 2019. On February 5, Sawyer, as a passenger in a vehicle driven by Adonus Moses, fired multiple shots from a Draco pistol, injuring Erica Robinson and killing Elijah Foster. Sawyer was charged with seven counts, including first-degree murder and use of a deadly weapon. On February 8, Sawyer again fired the Draco at Aldron Thompson and his brother, missing both. He was charged with five counts, including attempted assault and use of a deadly weapon.The State moved to consolidate the two cases for trial, which the district court granted. A jury trial ensued, and Sawyer was found guilty on all charges. He was sentenced to life imprisonment for the murder conviction and additional consecutive sentences for the other convictions. Sawyer appealed, arguing improper joinder and ineffective assistance of counsel.The Nebraska Supreme Court reviewed the case. It held that the two cases were sufficiently related to be joined for trial, as both involved Sawyer using a Draco in drive-by shootings within a short time frame and geographical proximity. The court found no prejudice to Sawyer from the joinder, as the evidence against him was overwhelming in both cases.Regarding ineffective assistance of counsel, the court found that Sawyer's claims failed. The court determined that counsel's performance was not deficient in failing to move to suppress cell phone and Facebook evidence, as Sawyer had abandoned the phone and the Facebook warrant was supported by probable cause. Additionally, the court found no prejudice from counsel's failure to object to certain evidence, as it was cumulative or not hearsay. Finally, the court found no basis for a competency evaluation before sentencing, as there was no indication of incompetence post-trial. The court affirmed the convictions and sentences. View "State v. Sawyer" on Justia Law

The State of Nebraska charged Paul Douglas Brooks with two counts of first-degree sexual assault and one count of third-degree sexual assault of a child, all involving the same victim, H.S. Brooks filed a plea in abatement, which was overruled, and he was arraigned. The State later filed a notice of intent to offer evidence of other sexual assaults by Brooks under Neb. Rev. Stat. § 27-414, identifying additional victims. Brooks requested time to take depositions of these witnesses, which delayed the hearing on the State’s notice.The district court for Furnas County overruled Brooks’ motion for absolute discharge based on statutory speedy trial grounds. Brooks conceded that the time related to his plea in abatement was excludable but argued that no other periods should be excluded. The court rejected the State’s argument that the period from arraignment to the status hearing should be excluded but agreed that the time Brooks requested to take depositions was excludable. The court found that Brooks’ request for time to take depositions constituted good cause under § 29-1207(4)(f) and excluded the period from May 23, 2024, to mid-July 2024, extending the trial deadline to October 26, 2024.The Nebraska Supreme Court reviewed the district court’s findings and affirmed the decision. The court agreed that the period from May 23 to mid-July was excludable for good cause, as Brooks requested this time to complete depositions. This exclusion extended the trial deadline beyond the date Brooks filed his motion for absolute discharge and the scheduled trial date. Therefore, the district court did not err in overruling Brooks’ motion for absolute discharge. View "State v. Brooks" on Justia Law

William C. Dugan sought a harassment protection order against Steve Sorensen, alleging that Sorensen attacked him in the driveway of Sorensen's home while Dugan was picking up his children. Dugan claimed Sorensen knocked him down, banged his head into the pavement, and later threatened him while he was in his car waiting for the police. Sorensen argued that he intervened to protect his wife, Natalie Sorensen, who he believed was being assaulted by Dugan. The incident was partially captured on a neighbor's security camera.The district court for Douglas County issued an ex parte harassment protection order in favor of Dugan. At a subsequent show cause hearing, the court reviewed the evidence, including the security footage and testimonies from Dugan, Sorensen, Natalie, and the older child of Dugan and Natalie. The court found Dugan's testimony more credible and determined that Sorensen's actions constituted harassment. The court affirmed the protection order, finding that Sorensen's conduct involved multiple acts of harassment.The Nebraska Supreme Court reviewed the case de novo. The court held that a course of conduct for harassment protection orders requires at least two separate acts of harassment. The court found that Sorensen's physical assault on Dugan in the driveway and the subsequent verbal threats while Dugan was in his car constituted two separate acts of harassment. The court also addressed Sorensen's justification defense, noting that justification is an affirmative defense in criminal prosecutions and certain civil actions but not explicitly in civil protection order proceedings. The court affirmed the district court's decision to issue the harassment protection order, concluding that Sorensen's actions met the statutory definition of harassment and that his justification defense was not applicable. View "Dugan v. Sorensen" on Justia Law

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