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Justia Daily Opinion Summaries

Nebraska Supreme Court
February 24, 2020

Table of Contents

State v. Krannawitter

Civil Rights, Constitutional Law, Criminal Law

State v. Valentino

Criminal Law

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Nebraska Supreme Court Opinions

State v. Krannawitter

Citation: 305 Neb. 66

Opinion Date: February 21, 2020

Judge: Michael G. Heavican

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

The Supreme Court affirmed Defendant's conviction for third-offense driving under the influence, holding that the district court did not err in denying Defendant's motion to suppress or in denying Defendant's motion for a new trial. After a law enforcement officer stopped Defendant a breath test showed that Defendant had an elevated blood alcohol level. On appeal, Defendant challenged, among other things, the denial of her motion to suppress the evidence. The Supreme Court affirmed, holding (1) under the totality of the circumstances, the officer's seizure of Defendant was supported by a particularized and objective basis for suspecting the particular person stopped of criminal activity; and (2) the district court did not abuse its discretion in denying Defendant's motion for a new trial based on newly discovered evidence.

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State v. Valentino

Citation: 305 Neb. 96

Opinion Date: February 21, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the district court affirming the judgment of the county court convicting Defendant of solicitation of prostitution, holding that there was no merit to Defendant's claim that he was selectively prosecuted for solicitation based on gender. Defendant filed a motion to suppress evidence and statements and served subpoenas duces tecum claiming that he had been selected prosecuted based on his gender. The county court quashed the subpoenas and denied Defendant's motions to suppress and to dismiss. The court then convicted Defendant of the offense. The district court affirmed. The Supreme Court affirmed, holding that neither the county court nor the district court erred when it found that Defendant had not been selectively prosecuted based upon his gender.

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