The Simple Message of Tolerance That Eludes President Trump

JOSEPH MARGULIES

Cornell law professor Joseph Margulies calls upon President Trump to condemn the rise of anti-Asian calumny and violence and contrasts Trump’s actions today with those of President George W. Bush after the September 11 attacks. Margulies points out that immediately after 9/11, President Bush defined national identity in the language of equality and tolerance, stressing that Muslims and Arab-Americans were not the enemy.

Read More

The Framers Would Have Been Appalled but Unsurprised by the President’s Failure to Get the COVID-19 Crisis Under Control: They Would Tell Him to Get Moving Now

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania, criticizes the Trump administration’s failure to adequately handle the national coordination of efforts to get the COVID-19 crisis under control. Hamilton points out that the Framers of the Constitution anticipated that the country would face emergencies and intentionally consolidated power in a single President to make decisions to unify and protect the nation.

Read More

State v. Hessler

Citation: 305 Neb. 451

Opinion Date: April 3, 2020

Judge: Stacy

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

The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's postconviction claims were time barred. In his motion for postconviction relief, Defendant alleged that his death sentence was invalid because Nebraska's capital sentencing statutes violate his rights under the Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. Defendant's motion relied on the United States Supreme Court's decision in Hurst v. Florida, __ U.S. __ (2016). Citing State v. Lotter,, 917 N.W.2d 850 (2018), in which the Supreme Court held Hurst was not a proper triggering event for the one-year limitations period of the Nebraska Postconviction Act, the district court denied the motion, concluding that it was time barred. The Supreme Court affirmed, holding (1) the district court correctly held that Defendant's postconviction claims were time barred; and (2) because there was not merit to Defendant's postconviction claims, the district court did not err in denying the postconviction motion without an evidentiary hearing.

State v. Valdez

Citation: 305 Neb. 441

Opinion Date: April 3, 2020

Judge: Funke

Areas of Law: Criminal Law

In Defendant's appeal from his conviction and sentence the Supreme Court remanded the cause with direction for a new enhancement and sentencing hearing, holding that the district court erred when it enhanced Defendant's sentence for motor vehicle homicide absent evidence of a prior conviction. Defendant pled guilty to enhanced motor vehicle homicide. The court accepted Defendant's guilty plea subject to enhancement. At the sentencing hearing, no evidence was adduced on the matter of enhancement, nor was the matter addressed. The court, however, treated the offense as enhanced when sentencing Defendant. Defendant appealed, asserting that the district court erred in failing to receive evidence of a prior conviction, as is statutorily required to subject him to enhancement penalties. The Supreme Court agreed, holding (1) the trial court did not receive evidence necessary to subject Defendant to the enhanced penalties under Neb. Rev. Stat. 28-306(3)(c), and therefore, his sentence was illegal; and (2) the proper remedy is to remand the cause with directions for another enhancement and sentencing hearing.

In re Guardianship of Suzette G.

Citation: 305 Neb. 428

Opinion Date: April 3, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Family Law

The Supreme Court affirmed the order of the court of appeals affirming the order of the county court appointing Suzette G.'s brother, Alvin G., as her limited guardian, holding that the court of appeals did not err when it allowed the appointed guardian ad litem (GAL) to testify at the trial. Alvin filed petitions seeking temporary and permanent appointments as Suzette's limited guardian, alleging that because of mental health issues Suzette was incapable of making responsible decisions regarding her person and her health. After a trial, the court appointed Alvin as a permanent limited guardian for Suzette. On appeal, Suzette argued that the county court erred when it allowed the court-appointed GAL to testify. The court of appeals affirmed. The Supreme Court affirmed, holding that, under the circumstances of this case, the GAL was allowed to testify under the rules of professional conduct and, consequently, under Neb. Ct. R. 6-1469(E)(4)(b).