Latest 3 Cases: State v. Becker (Civil Rights), State v. Ildefonso (Criminal Law), State v. Stanko (Criminal Law)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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State v. Becker

Citation: 304 Neb. 693

Opinion Date: December 20, 2019

Judge: Lindsey Miller-Lerman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences, holding that the district court did not err when it rejected each of Defendant's contentions regarding his sentences. Defendant was convicted in the county court of twenty-one misdemeanor counts of violating a protection order and sentenced to county jail for 180 days on each count, to be served consecutively. Defendant appealed, arguing that his sentences were excessive, disproportionate, and invalid. The district court affirmed. The Supreme Court affirmed, holding (1) there was no plain error when the county court did not announce at the sentencing hearing where Defendant's sentences would be served; (2) Defendant's individual sentences were not grossly disproportionate; and (3) the district court did not err when it affirmed Defendant's convictions and sentences.

State v. Ildefonso

Citation: 304 Neb. 711

Opinion Date: December 20, 2019

Judge: William B. Cassel

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motions for DNA testing and appointment of counsel, holding that the district court did not abuse its discretion by denying the motions because Defendant did not demonstrate that DNA testing may produce noncumulative, exculpatory evidence. Defendant was convicted of murder in the first degree and use of a deadly weapon to commit a felony. The Supreme Court affirmed. Defendant later filed a motion for DNA testing and requested that counsel be appointed to represent him. The district court denied the motions, determining that Defendant failed to show such testing may produce noncumulative, exculpatory evidence relevant to the claim that he was wrongfully convicted. The Supreme Court affirmed, holding that the district court did not abuse its discretion in denying Defendant's motions for DNA testing and appointment of counsel.

State v. Stanko

Citation: 304 Neb. 675

Opinion Date: December 20, 2019

Judge: Freudenberg

Areas of Law: Criminal Law

The Supreme Court sustained the State's exception to the order of the district court dismissing the State's appeal in this criminal case, holding that the county court erred in directing a verdict in favor of Defendant at the close of the State's case in chief under a complaint for first degree trespass. Defendant had received a "stay away" letter intended to apply to businesses owned by the parent company issuing the letter, including two businesses owned by the same company and located in the same building where Defendant entered during business hours and exited when told to leave. The county court apparently concluded that the affirmative defense to criminal trespass did not encompass compliance with a "stay away" letter directed toward Defendant. The district court affirmed. The Supreme Court sustained the State's exception to the district court's order, holding (1) Defendant did not comply with all lawful conditions imposed on access to or remaining in the premises for purposes of the "open to the public" affirmative defense set forth in Neb. Rev. Stat. 28-522; and (2) there was no legal basis for granting a directed verdict in Defendant's favor.