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Nebraska Due Process Law
 

State of Nebraska v. Adrian Lester

On April 14, 2014, 15-year-old Allee H. sent a text message
to her high school classmate Justice Terpstra (Terpstra), asking
if he would sell her marijuana. Terpstra refused, after which
the text messages between Allee and Terpstra became contentious,
culminating in an agreement to meet at a park in Omaha,
Nebraska, to fight. Both Allee and Terpstra recruited others to
acco... More...
   $0 (02-25-2017 - NE)

State of Nebraska v. Marco E. Torres, Jr.,

Torres was involved in drug trafficking in Grand Island,
Nebraska. Through his drug activities, Torres knew a man
known as Billy Packer, who was also involved in drug trafficking.
It was through Packer that Torres met Jose Cross, Gina
Padilla, and Timothy Donohue.
Edward Hall allowed Donohue to live in Hall’s house in a
room on the second floor. Hall also allowed Padilla to... More...
   $0 (02-18-2017 - NE)

State of Nebraska v. Jose D. Cerritos-Valdez

On May 25, 2015, Cerritos-Valdez was stopped by law enforcement after the vehicle he was driving crossed over and straddled the centerline for approximately 200 feet. During the traffic stop, a small plastic baggie containing a white powdery substance was found in his wallet. Cerritos-Valdez admitted the substance was cocaine. He smelled of alcohol, admitted to the officer he had been drinking, an... More...   $0 (01-13-2017 - NE)

State of Nebraska v. Juan E. Castaneda

The events underlying Castaneda’s eight convictions and sentences involve three shootings that occurred in three separate locations in Omaha, Nebraska, within an hour. In our opinion on Castaneda’s direct appeal, we set forth the facts of the case in detail.

1 See State v. Castaneda, 287 Neb. 289, 842 N.W.2d 740 (2014).
2 Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455, 183 L. Ed. 2d... More...
   $0 (01-13-2017 - NE)

State of Nebraska v. Felix Arizola

On June 18, 2014, at approximately 11:46 p.m., Officer Joseph Villamonte of the Lincoln Police Department observed
a vehicle driving westbound in the 3600 block of Adams Street. Villamonte ran the license plate number through the police department’s information system to check for suspension or warrants. The license plate was registered to Arizola, who had been cited while driving the vehicle ... More...
   $0 (01-10-2017 - NE)

STATE OF NEBRASKA V. DONTEVOUS D. LOYD

Following jury selection, trial commenced March 15, 2016, and finished the following day. The testimony of witnesses and other evidence received revealed the following. On March 31, 2015, Officers Scott Zymball, Jaime Desautels, and Nathan Buresh, all from the Omaha Police Department, responded to a dispatch received at 4:39 a.m. regarding a burglary
- 1 -
in progress at a residence on ... More...
   $0 (12-07-2016 - NE)

State of Nebraska v. Rosario Betancourt-Garcia

On November 15, 2003, officers of the Madison Police
Department responded to a call and found a young man who
had been bound and gagged. After the young man related that
Betancourt had kidnapped him, the Madison Police Department
conducted an immediate search for Betancourt, but did not
find him.
On November 17, 2003, the Madison County Court issued
warrants for the arr... More...
   $0 (12-07-2016 - NE)

State of Nebraska v. Todd A. Wagner

State of Nebraska v. Brandon B. Rohde

In case No. S-16-065, Brandon B. Rohde pled no contest
to the refusal of a chemical test, with three prior convictions,
under §§ 60-6,197 and 60-6,197.03(8), in relation to acts
committed on April 13, 2015. In case No. S-15-788, Todd A.
Wagner pled no contest to refusal of a chemical test, with three
prior convictions, under §§ 60-6,197 and 60-6,197.03(8), in
relation to ac... More...
   $0 (12-07-2016 - NE)

State of Nebraska v. Larry G. Martinez

Martinez was romantically involved with the victim, Mandy Kershman. The record shows that this relationship was tumultuous, with the couple fighting often. About a week prior to the murder, Martinez told one of his roommates that he was “going to kill that fucking bitch,” referring to Kershman. On July 18, 2012, at approximately 4:50 p.m., Kershman was shot and killed while sitting on the couch at... More...   $0 (10-23-2016 - NE)

State of Nebraska v. Cyrus H. Kantaras

Kantaras was originally charged with distribution of
a controlled substance in a school zone, in violation of
§ 28-416(4)(a)(ii), a Class II felony. On September 22, 2015,
the charge was amended to one count of distribution of a controlled
substance, marijuana, in violation of § 28-416(1)(a), a
Class III felony.
2. Plea Agreement
On September 22, 2015, Kantaras pled no ... More...
   $0 (10-11-2016 - NE)

State of Nebraska v. Jason J. Boche

On December 1, 2014, Boche was charged with first degree
sexual assault in the district court for Madison County. The
information alleged he subjected another to sexual penetration
without consent on or about January 1, 2005, through
December 31, 2008. Boche was a juvenile at the time the
alleged acts occurred, but had reached the age of majority by
the time charges were fi... More...
   $0 (10-11-2016 - NE)

State of Nebraska v. Travis T. Mitchell

On June 6, 2014, after a vehicular pursuit in Lincoln,
Nebraska, police apprehended Mitchell in front of his residence.
The State charged Mitchell with DUI with refusal to
submit to a chemical test and with driving during revocation,
and the district court conducted a jury trial. Mitchell elected
not to testify.
Three different officers observed Mitchell’s driving beforeMore...
   $0 (09-23-2016 - NE)

State of Nebraska v. Douglas Rothenberger

Just after midnight on June 19, 2013, a motorist called the
911 emergency dispatch service to report that a vehicle traveling
on Highway 92 near Scottsbluff, Nebraska, was swerving
from one edge of the highway to the other and fluctuating
between 20 and 60 m.p.h. The motorist followed the vehicle
until Deputy Sheriff Jared Shepard arrived.
Shepard followed the vehicle and s... More...
   $0 (09-23-2016 - NE)

State of Nebraska v. Raymond Frank Gonzales, Jr.,

On Sunday, December 15, 2013, Bonnie died at her trailer in the Atokad Trailer Park in South Sioux City, Nebraska,
of multiple gunshot wounds. Bonnie was shot 16 times with 9-mm bullets that came from the same firearm. The firearm was never found. In connection with Bonnie’s death, Gonzales was convicted of murder in the first degree and use of a firearm to commit a felony. He was sentenced to... More...
   $0 (09-08-2016 - NE)

State of Nebraska v. Tracy N. Parnell

On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.
2. Threat
During a pretrial hearing, Jo... More...
   $0 (09-01-2016 - NE)

State of Nebraska v. Manuel A. Aguallo

On March 4, 2015, the State filed an information charging Aguallo with sexual assault of a child, third degree, in violation of Neb. Rev. Stat. § 28-320.01 (Reissue 2008). The offense was alleged to have occurred on or about January 25, 2015. He entered a plea of no contest on July 17. On September 9, he was sentenced to a prison term of 59 to 60 months.
At sentencing, the district court consi... More...
   $0 (07-17-2016 - NE)

Burton P. Lingenfelter v. Lower Elkhorn Natural Resources District

Burton P. Lingenfelter farms in Pierce County, Nebraska.
He owns and operates Dunaway Farm and three other parcels
of land in its immediate vicinity, one of which is called
Rehfeld Farm. Dunaway Farm and Rehfeld Farm are located
within the jurisdiction of the Lower Elkhorn Natural Resources
District (District).
The District’s rules contain restrictions on ground water
i... More...
   $0 (07-10-2016 - NE)

State of Nebraska v. Joseph D. Senn, Jr.

0n October 4, 2014, Senn drove a U-Haul truck to the
home of Buckley Auxier with the purpose of assisting Natalie
Auxier in removing some of her possessions from the home.
At that time, Natalie and Buckley were involved in divorce
proceedings. Buckley is a farmer, and his farmhand Shaun
Robertson was also present at Buckley’s home during the incident
and testified in court.... More...
   $0 (07-06-2016 - NE)

State of Nebraska v. Keenon A. Robertson

After a jury trial, Robertson was convicted of one count of discharging a firearm at an inhabited house, occupied building, or occupied vehicle and one count of use of a weapon to commit a felony. He was sentenced to a total of 25 to 60 years’ imprisonment.
Robertson filed a direct appeal and was appointed different counsel. The Nebraska Court of Appeals affirmed his convictions and sentences.... More...
   $0 (07-01-2016 - NE)

State of Nebraska v. Christopher A. Edwards

In March 2007, a jury convicted Christopher A. Edwards of the crimes of second degree murder and use of a deadly weapon to commit a felony in connection with the disappearance of Jessica O’Grady. In this appeal, Edwards maintains that some of the evidence presented against him at trial was fabricated by David Kofoed, a former supervisor of the Douglas County Crime Scene Investigation Division (CSI... More...   $0 (07-01-2016 - NE)

STATE OF NEBRASKA V. EMMANUEL S. YANGA

Yanga was charged with two counts of attempted assault in the second degree, one count of use of a deadly weapon to commit a felony, one count of criminal mischief, over $1,500, and one count of assault in the third degree following events which took place at approximately 4:30 a.m. on September 21. Trial took place on March 2, 3, and 4, 2015. Yanga and Mazaher Bakry had dated for almost three ye... More...   $0 (06-14-2016 - NE)

State of Nebraska v. Abejide Abejide, also known as Gaylord Mason

Abejide was arrested and charged with attempted first degree sexual assault and terroristic threats in connection with an incident that occurred on May 24, 2014. At Abejide’s jury trial, the victim testified that she was walking to a grocery store when a man she knew called out to her. The man was Howard Mason, who is Abejide’s brother. The victim crossed the street to talk with Mason, who was on ... More...   $0 (06-03-2016 - NE)

STATE OF NEBRASKA V. DWAN D. HARDEN

On May 9, 2014, Harden and the victim in this case, M.P., began communicating on a social media website. After going out drinking with her friends that night, M.P. returned home around midnight and noticed that Harden was online. They agreed to get together to smoke marijuana, and Harden picked M.P. up at her residence in a sport utility vehicle (SUV). They drove to a gas station, and afterwards, ... More...   $0 (05-19-2016 - NE)

STATE OF NEBRASKA V. BOBBY J. MOSS

On March 17, 2005, the State filed an amended information charging Moss with two counts of second degree murder, and two counts of use of a deadly weapon to commit a felony, arising out of acts occurring on approximately December 4, 2003, against victim Michelle Harlan and her unborn child. A bench trial commenced on May 31, 2005. The evidence established that on December 6, 2003, officers with t... More...   $0 (05-19-2016 - NE)

State of Nebraska v. Karry R. Neisius

Neisius’ employer provided custom hay grinding services. Its customers were farmers in the region surrounding its principal place of business in Beemer, Nebraska. Neisius was a hay grinder operator. His duties included transporting the hay grinder and its power unit between jobsites and back to one of his employer’s offices located in Wakefield, Nebraska. The hay grinder used by Neisius was design... More...   $0 (05-09-2016 - NE)

STATE OF NEBRASKA V. LARON M. JONES

In the early morning hours of March 7, 2014, a group of friends gathered at the home of Alanna Delaney for an “after-hours” party. Those in attendance included Delaney; Saraha Richards; Jamie Thiem; Dale Gaver; Josue Sanchez; Giovanni Barrios; D’Angelo Goods; and the decedent, Samuels, among others. Around 2:30 a.m., three black males and one black female arrived uninvited at the party. One of the... More...   $0 (04-30-2016 - NE)

STATE OF NEBRASKA V. TIMOTHY J. BRITT

Britt’s convictions arose out of the deaths of Miguel E. Avalos, Sr. (Miguel Sr.); Jose Avalos; and Miguel E. Avalos, Jr. (Miguel Jr.) Davis was convicted in a separate trial of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony arising from the deaths of the same victims.1 At the time of Britt’s trial, Davis was awaiting sentencing.

1. ATTE... More...
   $0 (04-22-2016 - NE)

STATE OF NEBRASKA V. JAY A. ALLIO

The State filed an information in the district court on April 28, 2015, charging Allio in count I with first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (Cum. Supp. 2014), a Class IB felony, and in count II with incest in violation of Neb. Rev. Stat. § 28-703 (Reissue 2008), a Class III felony.
On July 13, 2015, Allio pled no contest to both counts of the inf... More...
   $0 (04-13-2016 - NE)

State of Nebraska v. Shannon K. Bond

On January 21, 2014, Bond was charged by information in the district court for Hall County with possession of methamphetamine. In a separate information filed in the district court for Hall County on the same date, Turner was charged with possession of methamphetamine, possession of drug paraphernalia, and possession of 1 ounce or less of marijuana. Bond’s and Turner’s offenses allegedly occurred ... More...   $0 (04-13-2016 - NE)

State of Nebraska v. Scott Shsnnon

Shannon was convicted of two counts of attempted robbery. He was sentenced to concurrent terms of 15 to 25 years in prison. On July 28, 2011, in case No. A-10-1050, the convictions and sentences were affirmed by the Nebraska Court of Appeals. The Court of Appeals issued its mandate in Shannon’s direct appeal on September 20, 2011. On October 19, 2012, Shannon filed a petition for postconviction r... More...   $0 (04-09-2016 - NE)

State of Nebraska v. Dylan Cardeilhac

In February 2014, when he was 15 years old, Cardeilhac was being detained in the juvenile section of the Scotts Bluff County Detention Center (SBCDC) awaiting trial on charges which included one count of robbery. At around 2 a.m. on February 14, Amanda Baker, a correctional officer employed at SBCDC, was performing a bed check in the juvenile males section of the facility. Videos from SBCDC show t... More...   $0 (04-01-2016 - NE)

State of Nebraska v. Robert W. Grant

Grant and McKee had been in an “on again, off again” relationship for a number of years preceding McKee’s death on September 17, 2013. McKee and her 16-year-old daughter, Alexis Carter, moved from Wichita, Kansas, to Omaha, Nebraska, on July 26, 2013. Carter testified that Grant did not help McKee and Carter pack or move. Nor did Carter see any signs of Grant at the new apartment during the first ... More...   $0 (04-01-2016 - NE)

Marshall v. EyeCare Specialties

In January 2007, EyeCare Specialties hired Marshall as an optical technician. Marshall previously worked as a registered nurse but “lost [her] nursing license” because of prescription drug abuse. Marshall said that she successfully completed treatment and did not abuse prescription drugs while she worked for EyeCare Specialties. She told her coworkers about her past drug abuse because they asked w... More...   $0 (03-26-2016 - NE)

State v. Burke

Burke was convicted by a jury of violation of public assistance, a Class IV felony. In June, August, and September 2010, Burke submitted a series of applications for the State’s Supplemental Nutrition Assistance Program (SNAP). The State’s case centers on Burke’s failure to report her husband’s workers’ compensation income after her first application. The State also highlights other changes Burke ... More...   $0 (03-20-2016 - NE)

STATE OF NEBRASKA V. BRITTENEY N. BAKER

Baker pled no contest to one count of motor vehicle homicide and, in February 2013, she was sentenced to 18 to 20 years’ incarceration. About two and a half weeks after sentencing, Baker wrote a letter to the district court judge stating that she wished to appeal her sentence. The letter was not accompanied by a filing fee or application to proceed in forma pauperis. The court forwarded Baker’s le... More...   $0 (03-20-2016 - NE)

STATE OF NEBRASKA V. BRITTENEY N. BAKER

Baker pled no contest to one count of motor vehicle homicide and, in February 2013, she was sentenced to 18 to 20 years’ incarceration. About two and a half weeks after sentencing, Baker wrote a letter to the district court judge stating that she wished to appeal her sentence. The letter was not accompanied by a filing fee or application to proceed in forma pauperis. The court forwarded Baker’s le... More...   $0 (03-16-2016 - NE)

State of Nebraska v. Steven R. Braesch

Braesch’s mother, Virginia Braesch (Virginia), testified that Braesch moved away from home in the 1990’s but moved back into his parents’ home in Gretna, Nebraska, about a year or two before the murder. He was staying in the basement. About 6 weeks before the murder, Braesch had told Virginia that he had AIDS. She said that “off and on,” he would lie in bed sick, “like depression or something,” bu... More...   $0 (03-10-2016 - NE)

State of Nebraska v. Travis T. Mitchell

The events giving rise to this case occurred on June 6, 2014. That morning, Mitchell and his mother, Lucille Mitchell, went to a home improvement store in Lincoln, Nebraska, to purchase supplies to build a dog house. Lucille drove the pair in a beige sport utility vehicle (SUV). On the way to the home improvement store, Mitchell asked Lucille to stop at a nearby liquor store. Lucille stopped at th... More...   $0 (03-05-2016 - NE)

State of Nebraska v. Candice M. McMillion

McMillion has been married to her husband, Caleb McMillion (Caleb), since March 2007. Their son, S.M., was born in August 2007. In late September 2012, after getting into an argument with Caleb, McMillion told her father-in-law that she had “put her mouth on [S.M.] a couple of times” and that she did so, in order to save her marriage, because Caleb “was into that.” McMillion told him that Caleb ha... More...   $0 (03-05-2016 - NE)

State of Nebraska v. Steven R. Braesch

Braesch’s mother, Virginia Braesch (Virginia), testified that Braesch moved away from home in the 1990’s but moved back into his parents’ home in Gretna, Nebraska, about a year or two before the murder. He was staying in the basement. About 6 weeks before the murder, Braesch had told Virginia that he had AIDS. She said that “off and on,” he would lie in bed sick, “like depression or something,” bu... More...   $0 (03-05-2016 - NE)

 
 
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