Our Demons

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on some lessons to be learned from the recent killing of George Floyd by a Minneapolis police officer. Though he laments the atrocious and unnecessary act of violence, Margulies too resists the urge to demonize, instead adopting a personal philosophy to better understand and approach humanity: There is no them. There is only us.

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State v. Anderson

Citation: 305 Neb. 978

Opinion Date: May 29, 2020

Judge: Freudenberg

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

The Supreme Court affirmed Defendant's plea-based conviction for third degree domestic assault, attempted tampering with a witness or informant, and violating a protection order, holding that Defendant did not receive ineffective assistance of counsel. On appeal, Defendant asserted that trial counsel provided ineffective assistance by trial counsel provided ineffective assistance by failing to move to continue the plea in abatement, failing to file a plea in abatement, failing to move the trial court to require the State to produce the alleged victim for deposition and exclude the alleged victim as a witness, failing to move to suppress Defendant's statement, and counseling Defendant to enter a plea. The Supreme Court affirmed, holding that Defendant failed to show that his counsel provided constitutionally ineffective assistance.

State v. Benson

Citation: 305 Neb. 949

Opinion Date: May 29, 2020

Judge: Funke

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

The Supreme Court affirmed Defendant's convictions for second degree murder, use of a deadly weapon to commit a felony, and other crimes, holding that the district court did not err in denying Defendant's motion to suppress or in declining to sever certain charges and that sufficient evidence supported the convictions. Specifically, the Supreme Court held (1) the district court did not err in failing to suppress statements Defendant made to law enforcement and cell phone data acquired pursuant to a search warrant; (2) the district court did not abuse its discretion in overruling Defendant's motion to sever the two counts of tampering with a witness from the other charges; and (3) there was sufficient evidence to support the verdicts.