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State of Nebraska v. Karsen H. Rezac
Date: 01-17-2025
Case Number:
Judge: Lori A. Maret
Court: District Court, Lancaster County, Nebraska
Plaintiff's Attorney: Lancaster Count, Nebraska County Attorney's Office
Defendant's Attorney:
Click Here For The Best Lincoln Criminal Defense Lawyer Directory
Click Here For The Best Lincoln Criminal Defense Lawyer Directory
Description:
Lincoln, Nebraska criminal defense lawyer represented the Defendant charged with second-degree murder.
on December 23, 2022, two vehicles collided near the intersection of 20th and Washington Streets in Lincoln, Audible gunshots followed. Police officers responding to the scene found Kupo Mleya in the driver's seat of a sport utility vehicle. Mleya had suffered "gunshot wounds" and died from his injuries. Mleya's vehicle had damage consistent with a collision; there were "numerous bullet holes" in the driver's door, and the driver's window was shattered.
Based on vehicle debris in the area and witness reports, Rezac was identified as a suspect. Rezac lived nearby and had a sport utility vehicle whose color and type matched the debris at the scene. Rezac's vehicle was located several blocks away. Damage on the vehicle's passenger side was consistent with the debris at the scene, and the rear passenger window had damage consistent with gunshots being fired through it. Shell casings were visible inside the vehicle. A subsequent search of the vehicle located a 9-mm handgun and nine fired 9-mm casings.
On December 24, 2022, Rezac was taken into custody for an interview. Rezac waived his Miranda rights and agreed to make a statement. Rezac stated that while backing out of his driveway, he collided with another vehicle. Rezac said that he then "'freaked out'" and fired approximately six shots toward the other vehicle before fleeing the scene. Rezac stated that he did not know the other driver.
Rezac was charged with second degree murder and use of a firearm to commit a felony. However, pursuant to a plea agreement, Rezac subsequently pled no contest to second degree murder and the State dropped the use of a firearm charge and agreed not to file additional charges against Rezac based on this investigation. Sentencing was deferred until March 27, 2024, pending the preparation of a presentence investigation report.
* * *
1. Criminal Law: Motions for Continuance: Appeal and Error. A decision whether to grant a continuance in a criminal case is within the discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion.
2. Sentences: Appeal and Error. An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion by the trial court.
3. Judges: Words and Phrases. A judicial abuse of discretion exists when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition.
4. Effectiveness of Counsel: Appeal and Error. Whether a claim of ineffective assistance of trial counsel may be determined on direct appeal is a question of law. In reviewing claims of ineffective assistance of counsel on direct appeal, an appellate court decides only whether the undisputed facts contained within the record are sufficient to conclusively determine whether counsel did or did not provide effective assistance and whether the defendant was or was not prejudiced by counsel's alleged deficient performance.
5. Motions for Continuance: Appeal and Error. A court does not abuse its discretion in denying a continuance unless it clearly appears that the party seeking the continuance suffered prejudice because of that denial.
6. Criminal Law: Motions for Continuance: Appeal and Error. Where the criminal defendant's motion for continuance is based upon the occurrence or nonoccurrence of events within the defendant's own control, denial of such motion is no abuse of discretion.
7. Sentences: Appeal and Error. Where a sentence imposed within the statutory limits is alleged on appeal to be excessive, the appellate court [318 Neb. 353] must determine whether a sentencing court abused its discretion in considering and applying the relevant factors, as well as any applicable legal principles in determining the sentence to be imposed.
8. Sentences. In determining a sentence to be imposed, relevant factors customarily considered and applied are the defendant's (1) age, (2) mentality, (3) education and experience, (4) social and cultural background, (5) past criminal record or record of law-abiding conduct, and (6) motivation for the offense, as well as (7) the nature of the offense and (8) the amount of violence involved in the commission of the crime.
9. ___. The appropriateness of a sentence is necessarily a subjective judgment and includes the sentencing judge's observation of the defendant's demeanor and attitude and all the facts and circumstances surrounding the defendant's life.
10. Effectiveness of Counsel: Postconviction: Records: Appeal and Error. When a defendant's trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding.
11. Effectiveness of Counsel: Records: Appeal and Error. The fact that an ineffective assistance of counsel claim is raised on direct appeal does not necessarily mean that it can be resolved. The determining factor is whether the record is sufficient to adequately review the question.
12. ___: ___: ___. The record is sufficient if it establishes either that trial counsel's performance was not deficient, that the appellant will not be able to establish prejudice as a matter of law, or that trial counsel's actions could not be justified as a part of any plausible trial strategy.
13. Effectiveness of Counsel. Counsel's performance is deficient when it objectively does not equal that of a lawyer with ordinary training and skill in criminal law in the area.
14. Confessions. Intoxication is not conclusive on the issue of the voluntari-ness of a statement.
15. Confessions: Miranda Rights: Waiver. When considering whether intoxication rendered a waiver of Miranda rights involuntary, the defend ant must be so intoxicated that he or she is unable to understand the meaning of his or her statements. If the trial judge is satisfied that under the totality of the circumstances, the defendant was able to reason, comprehend, or resist, the statements are to be admitted.
16. Effectiveness of Counsel. As a matter of law, counsel cannot be ineffective for failing to raise a meritless argument.
17. Self-Defense. To successfully assert the claim of self-defense, a defendant must have a reasonable and good faith belief in the necessity of [318 Neb. 354] using force and the force used in defense must be immediately necessary and justified under the circumstances.
* * *
Legal issue Did the trial court abuse its discretion by denying a motion to continue sentencing and impose an excessive sentence without adequately considering mental health records?
Key Phrases Criminal case. Discretion of trial court. Presentence investigation report. Ineffective assistance of counsel. Sentencing hearing.
on December 23, 2022, two vehicles collided near the intersection of 20th and Washington Streets in Lincoln, Audible gunshots followed. Police officers responding to the scene found Kupo Mleya in the driver's seat of a sport utility vehicle. Mleya had suffered "gunshot wounds" and died from his injuries. Mleya's vehicle had damage consistent with a collision; there were "numerous bullet holes" in the driver's door, and the driver's window was shattered.
Based on vehicle debris in the area and witness reports, Rezac was identified as a suspect. Rezac lived nearby and had a sport utility vehicle whose color and type matched the debris at the scene. Rezac's vehicle was located several blocks away. Damage on the vehicle's passenger side was consistent with the debris at the scene, and the rear passenger window had damage consistent with gunshots being fired through it. Shell casings were visible inside the vehicle. A subsequent search of the vehicle located a 9-mm handgun and nine fired 9-mm casings.
On December 24, 2022, Rezac was taken into custody for an interview. Rezac waived his Miranda rights and agreed to make a statement. Rezac stated that while backing out of his driveway, he collided with another vehicle. Rezac said that he then "'freaked out'" and fired approximately six shots toward the other vehicle before fleeing the scene. Rezac stated that he did not know the other driver.
Rezac was charged with second degree murder and use of a firearm to commit a felony. However, pursuant to a plea agreement, Rezac subsequently pled no contest to second degree murder and the State dropped the use of a firearm charge and agreed not to file additional charges against Rezac based on this investigation. Sentencing was deferred until March 27, 2024, pending the preparation of a presentence investigation report.
* * *
1. Criminal Law: Motions for Continuance: Appeal and Error. A decision whether to grant a continuance in a criminal case is within the discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion.
2. Sentences: Appeal and Error. An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion by the trial court.
3. Judges: Words and Phrases. A judicial abuse of discretion exists when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in matters submitted for disposition.
4. Effectiveness of Counsel: Appeal and Error. Whether a claim of ineffective assistance of trial counsel may be determined on direct appeal is a question of law. In reviewing claims of ineffective assistance of counsel on direct appeal, an appellate court decides only whether the undisputed facts contained within the record are sufficient to conclusively determine whether counsel did or did not provide effective assistance and whether the defendant was or was not prejudiced by counsel's alleged deficient performance.
5. Motions for Continuance: Appeal and Error. A court does not abuse its discretion in denying a continuance unless it clearly appears that the party seeking the continuance suffered prejudice because of that denial.
6. Criminal Law: Motions for Continuance: Appeal and Error. Where the criminal defendant's motion for continuance is based upon the occurrence or nonoccurrence of events within the defendant's own control, denial of such motion is no abuse of discretion.
7. Sentences: Appeal and Error. Where a sentence imposed within the statutory limits is alleged on appeal to be excessive, the appellate court [318 Neb. 353] must determine whether a sentencing court abused its discretion in considering and applying the relevant factors, as well as any applicable legal principles in determining the sentence to be imposed.
8. Sentences. In determining a sentence to be imposed, relevant factors customarily considered and applied are the defendant's (1) age, (2) mentality, (3) education and experience, (4) social and cultural background, (5) past criminal record or record of law-abiding conduct, and (6) motivation for the offense, as well as (7) the nature of the offense and (8) the amount of violence involved in the commission of the crime.
9. ___. The appropriateness of a sentence is necessarily a subjective judgment and includes the sentencing judge's observation of the defendant's demeanor and attitude and all the facts and circumstances surrounding the defendant's life.
10. Effectiveness of Counsel: Postconviction: Records: Appeal and Error. When a defendant's trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel's ineffective performance which is known to the defendant or is apparent from the record; otherwise, the issue will be procedurally barred in a subsequent postconviction proceeding.
11. Effectiveness of Counsel: Records: Appeal and Error. The fact that an ineffective assistance of counsel claim is raised on direct appeal does not necessarily mean that it can be resolved. The determining factor is whether the record is sufficient to adequately review the question.
12. ___: ___: ___. The record is sufficient if it establishes either that trial counsel's performance was not deficient, that the appellant will not be able to establish prejudice as a matter of law, or that trial counsel's actions could not be justified as a part of any plausible trial strategy.
13. Effectiveness of Counsel. Counsel's performance is deficient when it objectively does not equal that of a lawyer with ordinary training and skill in criminal law in the area.
14. Confessions. Intoxication is not conclusive on the issue of the voluntari-ness of a statement.
15. Confessions: Miranda Rights: Waiver. When considering whether intoxication rendered a waiver of Miranda rights involuntary, the defend ant must be so intoxicated that he or she is unable to understand the meaning of his or her statements. If the trial judge is satisfied that under the totality of the circumstances, the defendant was able to reason, comprehend, or resist, the statements are to be admitted.
16. Effectiveness of Counsel. As a matter of law, counsel cannot be ineffective for failing to raise a meritless argument.
17. Self-Defense. To successfully assert the claim of self-defense, a defendant must have a reasonable and good faith belief in the necessity of [318 Neb. 354] using force and the force used in defense must be immediately necessary and justified under the circumstances.
* * *
Legal issue Did the trial court abuse its discretion by denying a motion to continue sentencing and impose an excessive sentence without adequately considering mental health records?
Key Phrases Criminal case. Discretion of trial court. Presentence investigation report. Ineffective assistance of counsel. Sentencing hearing.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Nebraska v. Karsen H. Rezac?
The outcome was: Affirmed
Which court heard State of Nebraska v. Karsen H. Rezac?
This case was heard in District Court, Lancaster County, Nebraska, NE. The presiding judge was Lori A. Maret.
Who were the attorneys in State of Nebraska v. Karsen H. Rezac?
Plaintiff's attorney: Lancaster Count, Nebraska County Attorney's Office. Defendant's attorney: Click Here For The Best Lincoln Criminal Defense Lawyer Directory.
When was State of Nebraska v. Karsen H. Rezac decided?
This case was decided on January 17, 2025.