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State of Nebraska v. Eric L. Ramos
Date: 07-25-2025
Case Number:
Judge: Ricky A. Schreiner
Court: District Court, Johnson County, Nebraska
Plaintiff's Attorney: Johnson County, Nebraska District Attorney's Office
Defendant's Attorney:
Click Here For The Best Tecumseh Criminal Defense Law Lawyer Directory
Description:
Tecumseh, Nebraska criminal defense lawyer represented the Defendant charged with first degree murder, use of a weapon to commit a felony, and tampering with evidence.
In March 2017, a riot broke out at the Tecumseh State Correctional Institution (TSCI). During the fracas, Michael Galindo was attacked and killed by other inmates. After a review of video surveillance footage, investigators identified Ramos as the primary participant in the attack. The State charged Ramos with first degree murder, use of a weapon to commit a felony, and tampering with evidence. After a mistrial and two interlocutory appeals, see State v. Ramos, 31 Neb.App. 434, 981 N.W.2d 612 (2022) and State v. Ramos, 29 Neb.App. 511, 956 N.W.2d 45 (2021), the matter was tried before a jury.
According to evidence at trial, Ramos and Galindo were both assigned to cells in TSCI's housing unit 2. On March 2, 2017, correctional officers searched the cells in the 2A and 2B galleries of housing unit 2 while the inmates were at lunch. During the search, officers found and seized homemade alcohol. Upon returning from lunch and discovering that the alcohol was taken, the inmates started destroying property and setting fires. They propped open the doors to a miniyard shared by the 2A and 2B galleries, allowing them access to both galleries. The inmates covered their faces with towels and clothing. TSCI staff members evacuated for their own safety.
During the riot, 10 to 15 inmates attacked Galindo in the miniyard. Galindo retreated to the 2A gallery, where four inmates followed and repeatedly stabbed him. After the second attack was over, one of the four inmates returned alone and continued to stab Galindo. After the third attack, Galindo got up, ran to a cell, and locked himself inside. At some point, the window of the cell door was broken, most likely with part of an ice machine, and inmates spread fire into that cell. Correctional officers later found Galindo in the cell, deceased. An autopsy report concluded his cause of death was smoke inhalation exacerbated by sharp force and blunt force injuries.
* * *
Legal issue Does the delay in bringing a defendant to trial, after a mistrial caused by a witness's violation of a sequestration order, violate the defendant's constitutional rights to a speedy trial and due process?
Headnote
CRIMINAL PROCEDURE. CONSTITUTIONAL SPEEDY TRIAL RIGHTS. The case presented issues regarding the defendant's constitutional right to a speedy trial following a delay caused by a mistrial due to a witness's violation of a sequestration order, addressing whether this delay violated the U.S. and Nebraska Constitutions.
CRIMINAL PROCEDURE. BATSON CHALLENGE. The case included an analysis under Batson v. Kentucky where the court examined whether the prosecution's peremptory challenge of a prospective juror was based on race and assessed the facial validity of the prosecutor's race-neutral explanation.
CRIMINAL PROCEDURE. MOTION FOR MISTRIAL AND CONTINUANCE. The court assessed whether late disclosure of evidence by the prosecution warranted a mistrial or continuance, evaluating the claims under Brady v. Maryland and statutory discovery requirements.
CRIMINAL PROCEDURE. NEWLY DISCOVERED EVIDENCE AND POST-CONVICTION RELIEF. Issues of whether late-disclosed evidence could justify a new trial under Brady were addressed, focusing on whether the prosecution's failure to disclose this evidence constituted material suppression affecting the trial's outcome.
CRIMINAL EVIDENCE. LAY OPINION EVIDENCE. The court analyzed the admissibility and impact of lay witness identification testimony under Nebraska's rules of evidence, questioning whether such testimony was improperly admitted and if it significantly influenced the jury's verdict.
CRIMINAL PROCEDURE. RESIDUAL HEARSAY EXCEPTION. The court reviewed the trial court's decision not to admit hearsay statements under the residual hearsay exception, focusing on the trustworthiness, relevance, and probative value of the excluded testimony and its implications under the Sixth Amendment.
Key Phrases Constitutional speedy trial. Prosecutorial misconduct. Residual hearsay exception. Material evidence disclosure. Motion for new trial.
In March 2017, a riot broke out at the Tecumseh State Correctional Institution (TSCI). During the fracas, Michael Galindo was attacked and killed by other inmates. After a review of video surveillance footage, investigators identified Ramos as the primary participant in the attack. The State charged Ramos with first degree murder, use of a weapon to commit a felony, and tampering with evidence. After a mistrial and two interlocutory appeals, see State v. Ramos, 31 Neb.App. 434, 981 N.W.2d 612 (2022) and State v. Ramos, 29 Neb.App. 511, 956 N.W.2d 45 (2021), the matter was tried before a jury.
According to evidence at trial, Ramos and Galindo were both assigned to cells in TSCI's housing unit 2. On March 2, 2017, correctional officers searched the cells in the 2A and 2B galleries of housing unit 2 while the inmates were at lunch. During the search, officers found and seized homemade alcohol. Upon returning from lunch and discovering that the alcohol was taken, the inmates started destroying property and setting fires. They propped open the doors to a miniyard shared by the 2A and 2B galleries, allowing them access to both galleries. The inmates covered their faces with towels and clothing. TSCI staff members evacuated for their own safety.
During the riot, 10 to 15 inmates attacked Galindo in the miniyard. Galindo retreated to the 2A gallery, where four inmates followed and repeatedly stabbed him. After the second attack was over, one of the four inmates returned alone and continued to stab Galindo. After the third attack, Galindo got up, ran to a cell, and locked himself inside. At some point, the window of the cell door was broken, most likely with part of an ice machine, and inmates spread fire into that cell. Correctional officers later found Galindo in the cell, deceased. An autopsy report concluded his cause of death was smoke inhalation exacerbated by sharp force and blunt force injuries.
* * *
Legal issue Does the delay in bringing a defendant to trial, after a mistrial caused by a witness's violation of a sequestration order, violate the defendant's constitutional rights to a speedy trial and due process?
Headnote
CRIMINAL PROCEDURE. CONSTITUTIONAL SPEEDY TRIAL RIGHTS. The case presented issues regarding the defendant's constitutional right to a speedy trial following a delay caused by a mistrial due to a witness's violation of a sequestration order, addressing whether this delay violated the U.S. and Nebraska Constitutions.
CRIMINAL PROCEDURE. BATSON CHALLENGE. The case included an analysis under Batson v. Kentucky where the court examined whether the prosecution's peremptory challenge of a prospective juror was based on race and assessed the facial validity of the prosecutor's race-neutral explanation.
CRIMINAL PROCEDURE. MOTION FOR MISTRIAL AND CONTINUANCE. The court assessed whether late disclosure of evidence by the prosecution warranted a mistrial or continuance, evaluating the claims under Brady v. Maryland and statutory discovery requirements.
CRIMINAL PROCEDURE. NEWLY DISCOVERED EVIDENCE AND POST-CONVICTION RELIEF. Issues of whether late-disclosed evidence could justify a new trial under Brady were addressed, focusing on whether the prosecution's failure to disclose this evidence constituted material suppression affecting the trial's outcome.
CRIMINAL EVIDENCE. LAY OPINION EVIDENCE. The court analyzed the admissibility and impact of lay witness identification testimony under Nebraska's rules of evidence, questioning whether such testimony was improperly admitted and if it significantly influenced the jury's verdict.
CRIMINAL PROCEDURE. RESIDUAL HEARSAY EXCEPTION. The court reviewed the trial court's decision not to admit hearsay statements under the residual hearsay exception, focusing on the trustworthiness, relevance, and probative value of the excluded testimony and its implications under the Sixth Amendment.
Key Phrases Constitutional speedy trial. Prosecutorial misconduct. Residual hearsay exception. Material evidence disclosure. Motion for new trial.
Outcome:
The defendant was found guilty by a jury.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Nebraska v. Eric L. Ramos?
The outcome was: The defendant was found guilty by a jury.
Which court heard State of Nebraska v. Eric L. Ramos?
This case was heard in District Court, Johnson County, Nebraska, ne. The presiding judge was Ricky A. Schreiner.
Who were the attorneys in State of Nebraska v. Eric L. Ramos?
Plaintiff's attorney: Johnson County, Nebraska District Attorney's Office. Defendant's attorney: Click Here For The Best Tecumseh Criminal Defense Law Lawyer Directory.
When was State of Nebraska v. Eric L. Ramos decided?
This case was decided on July 25, 2025.