Justia Criminal Law Opinion Summaries

After a jury trial, Defendant was convicted of driving under the influence (DUI), fourth offense, with refusal to submit to a chemical test, and for driving during revocation. The court of appeals affirmed. Defendant petitioned for further review, arguing that the district court erred in overruling his motion for mistrial because the State violated due process and the state and federal constitutions by improperly commenting during closing arguments on Defendant’s pretrial silence. The Supreme Court affirmed, holding that, although the prosecutor’s closing remarks about Defendant’s postarrest, pre-Miranda silence were questionable, they did not prejudice his right to a fair trial. View "State v. Mitchell" on Justia Law

After a jury trial, Defendant was convicted of refusal to submit to a chemical test. Defendant was sentenced to six months’ probation. The district court and court of appeals affirmed. The Supreme Court affirmed, holding that the district court did not err in affirming the judgment and conviction, as (1) Defendant’s arrest for driving under the influence of drugs was supported by probable cause; (2) the county court did not err by directing a verdict on the charge of refusing a chemical test; and (3) the county court did not err by refusing to give Defendant’s proposed jury instructions defining “chemical test” and “drug.” View "State v. Rothenberger" on Justia Law

Defendant was charged by information with driving under the influence and refusing to submit to a chemical test. Defendant filed a motion to quash the information, alleging that Neb. Rev. Stat. 60-6,197 and 60-6,197.03(6) violated his constitutional rights by criminalizing the withdrawal of consent to a search and by aggravating the penalty for a crime for exercising the right to withdraw his consent to a search. The district court denied the motion to quash. Following a jury trial, Defendant was found guilty. The Supreme Court affirmed, holding that the district court did not err by denying Defendant’s motion to quash. View "State v. Cornwell" on Justia Law

Defendant pled guilty to possession of a deadly weapon by a prohibited person and, after a jury trial, was found guilty of second degree murder and of using a deadly weapon to commit a felony. The Supreme Court affirmed Defendant’s convictions and sentences on direct appeal. Thereafter, Defendant filed a motion for postconviction relief, raising several claims ineffective assistance of counsel. The district court held an evidentiary hearing on some of the claims Defendant raised and then denied postconviction relief. Defendant appealed, alleging four assignments of error regarding his claims of ineffective assistance. Defendant assigned that it was plain error for the trial court to accept his guilty plea. The Supreme Court affirmed, holding that the district court did not err in denying Defendant’s motion. View "State v. Harris" on Justia Law

Defendant was charged with motor vehicle homicide, manslaughter, driving under the influence of alcohol or drugs causing serious bodily injury, and other charges arising out of an accident in which the driver of another vehicle was killed by a vehicle driven by Defendant. Before trial, the district court granted Defendant’s motion to suppress blood and urine samples taken from him. After the State unsuccessfully appealed the denial of the motion to suppress, Defendant filed a motion for absolute discharge, arguing that his statutory right to a speedy trial had been violated. The Supreme Court denied Defendant’s motion, concluding that the time during which the appeal was pending was excludable from the statutory speedy trial calculation. The Supreme Court affirmed, holding that the district court correctly denied the motion for absolute discharge because the speedy trial clock was tolled while the State pursued the appeal. View "State v. Hood" on Justia Law

Appellant, an inmate, sent his typewriter out of the prison for repairs, but the Nebraska Department of Correctional Services refused to return the typewriter to him. After unsuccessfully filing a grievance with the Department, Appellant filed a petition for review before the district court seeking review under the Administrative Procedure Act and a declaratory judgment. The district court ultimately dismissed the action for failure to state a claim. The Supreme Court affirmed, holding that Appellant failed to state a claim upon which relief can be granted and that the court did not err in sustaining the Department’s motion to dismiss Appellant’s claim. View "Jacob v. Neb. Dep’t of Corr. Servs." on Justia Law

After a jury trial, Defendant was convicted of two counts of robbery. The district court found Defendant to be a habitual criminal and sentenced her to consecutive prison terms of thirty to fifty years on each robbery count. The Supreme Court affirmed, holding (1) the district court did not err in overruling Defendant’s motion to suppress cell phone records acquired by the State from Defendant’s service provider; (2) the district court did not err in admitting photographs of a gruesome nature; (3) the district court did not err in overruling Defendant’s motion for new trial; (4) the evidence at trial was sufficient to support Defendant’s convictions; and (5) the district court did not err in finding Defendant to be a habitual criminal. View "State v. Jenkins" on Justia Law

In case No. CR11-12 Defendant was convicted and sentenced for the crime of theft by receiving stolen property. In case No. CR11-29, Defendant was convicted and sentenced with burglary and habitual criminal. Defendant petitioned for a writ of habeas corpus alleging that the sentence imposed for habitual criminal was a void sentence. The district court granted the writ of habeas corpus, concluding that Defendant was being held on a void sentence. As of the date of this opinion, Defendant remained in the custody of the Nebraska Department of Correctional Services because he was unable to meet the conditions of his bond imposed by the district court. The Director of the Department appealed. The Supreme Court sustained Defendant’s motion for summary affirmance and directed that Defendant be released from custody, holding that Defendant was being unlawfully imprisoned on a void sentence and was entitled to be released and discharged forthwith. View "Meyer v. Frakes" on Justia Law

After a jury trial, Raymond Frank Gonzales, Jr. (Defendant) was convicted of first degree murder and use of a firearm to commit a felony in connection with the death of Bonnie Baker. The Supreme Court affirmed, holding (1) the prosecutor’s statements during closing arguments did not constitute misconduct, and, in any event, the statements at issue in this appeal were not unfairly prejudicial; (2) the trial court did not err in instructing the jury on the definition of sudden quarrel or first degree murder; and (3) the evidence was sufficient to support the verdict. View "State v. Gonzales" on Justia Law

In a direct appeal, Tracy Parnell challenged his convictions by jury of first degree murder, attempted first degree murder, two counts of use of a deadly weapon to commit a felony, and possession of a weapon by a prohibited person. His two primary arguments attacked denials of his motions to continue the trial and for a new trial. These arguments were premised upon untimely disclosures of opinions of a cellular analyst and relied on "Brady v. Maryland," and a discovery statute. He also argued the trial court erred: (1) in admitting his threats toward one of the victims were admitted in evidence by error; (2) his requested instruction on accomplice testimony was refused; and (3) his trial counsel provided ineffective assistance. Finding no merit in his arguments, the Supreme Court affirmed. View "Nebraska v. Parnell" on Justia Law