Lessons of the Cooper Affair

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the recent incident in which Amy Cooper, a young white woman, called the police on Christian Cooper, an African American man who was birdwatching in Central Park. Margulies argues that the repercussions of Ms. Cooper’s actions—her suffering public ridicule and losing the valuable commodity of anonymity—achieve both the consequentialist and retributivist purposes of our penal system, so for the state to prosecute her as well would serve only to humiliate and demonize her

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State v. Ely

Citation: 306 Neb. 461

Opinion Date: July 10, 2020

Judge: Papik

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

The Supreme Court affirmed the order of the district court denying Defendant postconviction relief, holding that there was no merit to Defendant's ineffective assistance of counsel claims. Defendant was convicted of first degree murder on a felony murder theory and use of a deadly weapon to commit a felony. Defendant filed multiple motions for postconviction relief, which the district court denied without a hearing. On appeal, the Supreme Court found that Defendant was entitled to an evidentiary hearing on his claims of ineffective assistance of trial counsel for counsel's failure to advise him of his right to testify and ineffective assistance of appellate counsel for counsel's failure to assert on appeal that his right to self-representation was violated at trial. On remand, the district court found that Defendant was not entitled to relief. The Supreme Court reversed, holding that the trial court did not commit reversible error in denying relief on Defendant's two remaining claims.

State v. Devers

Citation: 306 Neb. 429

Opinion Date: July 10, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court sentencing Defendant to first degree felony murder and use of a firearm to commit a felony, holding that there was no merit to Defendant's claims on appeal. On appeal, Defendant raised claims regarding the admission fo controlled substance and firearm evidence, the termination of a witness' deposition, sufficiency of the evidence to support his convictions, and ineffective assistance of trial counsel. The Supreme Court affirmed, holding (1) the district court did not err in overruling Defendant's motions in limine and in admitting evidence of controlled substances from Defendant's home and evidence of a firearm; (2) the admission of a single reference to "multiple packages of marijuana" was, at most, harmless error; (3) the evidence supported Defendant's convictions; and (4) the claims of ineffective assistance of counsel reached on direct appeal lacked merit.

State v. Liming

Citation: 306 Neb. 475

Opinion Date: July 10, 2020

Judge: Papik

Areas of Law: Criminal Law

The Supreme Court affirmed the district court's order overruling Defendant's motion for absolute discharge in which he contended that the State failed to bring him to trial within the time required by Neb. Rev. Stat. 29-1207, holding that Defendant's statutory right to a speedy trial was not violated. In overruling Defendant's motion for absolute discharge, the district court concluded that a period of delay that resulted from a continuance of a settlement conference granted at the State's request but to which Defendant's counsel consented did not count toward the six-month speedy trial deadline. On appeal, Defendant argued that the delay brought about by the continuance of a settlement conference does not result in a period of excluded time. The Supreme Court disagreed, holding (1) the continuance of the settlement conference resulted in excluded time; and (2) Defendant statutory right to a speedy trial was not violated.

State v. Street

Citation: 306 Neb. 380

Opinion Date: July 10, 2020

Judge: Freudenberg

Areas of Law: Criminal Law

The Supreme Court affirmed the restitution component of Defendant's sentence, holding that the county court did not abuse its discretion in ordering restitution, but remanded the matter with directions to modify the written judgment to conform to the pronounced sentence. Defendant was convicted of leaving the scene of an accident and reckless driving after crashing into the victim's unoccupied vehicle and fleeing the scene by foot. The county court ordered restitution in the amount of $10,347, the cost of repairing the vehicle. The district court affirmed. Defendant appealed, arguing the district court erred in affirming the restitution order because there was insufficient evidence of actual damages to warrant the restitution and because he was not capable of paying the restitution ordered. The court of appeals affirmed. The Supreme Court affirmed and remanded the case, holding (1) the county court did not abuse its discretion in its calculation of the amount of the victim's "actual damages"; (2) the county court did not abuse its discretion in its consideration of Defendant's ability to pay the sentence of restitution; and (3) there was plain error in the county court's failure to conform the written judgment to the pronounced judgment.

Tyler F. v. Sara P.

Citation: 306 Neb. 397

Opinion Date: July 10, 2020

Judge: Funke

Areas of Law: Family Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court awarding joint legal and physical custody of J.F. to Sara P., Tyler F., and Geoffrey V., holding that the district court committed plain error in considering Geoffrey's paternity complaint while failing to give proper legal effect to Tyler's acknowledgment of paternity. Sara gave birth to J.F. and represented to Tyler that he was J.F.'s father. Tyler signed an acknowledgment of paternity when J.F. was born. Tyler later filed a complaint to establish paternity, custody, and parenting time seeking joint legal and physical custody of J.F. After a DNA test excluded Tyler as the biological father, Geoffrey filed a complaint to establish paternity seeking that physical and legal custody be placed with Sara subject to his and Tyler's visitation rights. After the case was remanded, the district court awarded legal and physical custody of J.F. until the end of that year, at which time all three parties were awarded joint legal and physical custody. The Supreme Court reversed in part, holding that the district court committed plain error in considering Geoffrey's complaint to establish his paternity of J.F. when Tyler's acknowledgment remained in place and established Tyler as J.F.'s father.

Travis v. Lahm

Citation: 306 Neb. 418

Opinion Date: July 10, 2020

Judge: Papik

Areas of Law: Government & Administrative Law

The Supreme Court affirmed the order of the district court affirming the revocation of Appellant's motor vehicle operator's license for refusing to submit to a chemical test of his breath, holding that the district court's decision was not contrary to law and was supported by competent evidence. On appeal, Appellant argued that the district court erred in failing to find that the requirements for revocation of his driver's license were not satisfied. The Supreme Court disagreed, holding (1) the district court applied the correct legal framework; and (2) the district court's decision that Appellant failed to carry his burden to show that he took the chemical test was supported by competent evidence.