Free Nebraska Supreme Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Nebraska Supreme Court February 27, 2021 |
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Nebraska Supreme Court Opinions | State v. Lowman | Citation: 308 Neb. 482 Opinion Date: February 26, 2021 Judge: William B. Cassel Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The Supreme Court affirmed the judgment of the district court convicting Defendant of possession of a controlled substance and two counts of carrying a concealed weapon, holding that there was no merit to Defendant's claims on appeal. On appeal, Defendant contended that the district court erred in overruling his motion to suppress, that he received ineffective assistance of counsel, and that the evidence was insufficient to convict him of carrying a concealed weapon. The Supreme Court affirmed, holding (1) because there was no Fourth Amendment violation the court properly overruled Defendant's motion to suppress; (2) there was sufficient evidence to support the verdict; and (3) trial counsel did not perform deficiently. | | State v. Russell | Citation: 308 Neb. 499 Opinion Date: February 26, 2021 Judge: Freudenberg 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 after an evidentiary hearing, holding that the district court did not err in finding that trial counsel was effective. In his motion for postconviction relief, Defendant argued that trial counsel provided ineffective assistance by failing to file a direct appeal at Defendant's direction. The district court denied the motion after holding an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not clearly err in finding that Defendant did not direct trial counsel to file a direct appeal, and therefore, trial counsel was not deficient in allegedly not filing the appeal. | | State v. Hill | Citation: 308 Neb. 511 Opinion Date: February 26, 2021 Judge: Lindsey Miller-Lerman Areas of Law: Criminal Law | The Supreme Court affirmed the order of the district court dismissing Defendant's motion for a new trial based on newly discovered evidence, holding that the district court did not err in dismissing the motion pursuant to Neb. Rev. Stat. 29-2102(2). Defendant was convicted of first degree murder and two counts of possession of a deadly weapon by a prohibited person. The Supreme Court affirmed Defendant's convictions and sentences. Defendant later filed a pro se motion for new trial. The district court dismissed the motion. Defendant appealed, arguing, among other things, that the district court erred when it failed to treat his motion as a postconviction motion and to consider his claims. The Supreme Court affirmed, holding that the district court (1) did not err when it considered Defendant's motion as a motion for new trial rather than considering it as a motion for postconviction relief; and (2) properly dismissed the motion without an evidentiary hearing. | | State v. Starks | Citation: 308 Neb. 527 Opinion Date: February 26, 2021 Judge: Michael G. Heavican Areas of Law: Criminal Law | The Supreme Court affirmed in part and vacated in part the sentences imposed upon Defendant for his plea-based convictions for one Class IIA felony and three Class IV felonies, holding that Defendant's three sentences for Class IV felonies were plain error. Defendant was sentenced to consecutive terms of eight to sixteen years' imprisonment for the Class IIA felony and two years' imprisonment for each Class IV felony. On appeal, Defendant argued that the terms of his total sentence were excessive. The Supreme Court affirmed the sentence for Defendant's Class IIA felony but vacated the sentences imposed for his Class IV felonies and remanded the cause for resentencing, holding (1) Defendant's sentences were not excessive; but (2) the district court erred in rendering determinate sentences for each of Defendant's Class IV felonies. | |
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