S-13-0559, State v. Tillman Henderson (Appellant)
Douglas County, Judge J. Russell Derr
Attorneys: Nathan A. Liss (Attorney General’s Office) --- Thomas Riley, Zoe Wade (Public Defender’s Office) (Appellant)
Criminal: Count I: First Degree Murder; Count II: Use of a Deadly Weapon to Commit a Felony; Count III: Attempted Murder in the First Degree; Count IV: Use of a Deadly Weapon to Commit a Felony; Count V, Use of a Deadly Weapon by a Prohibited Person
Proceedings below: A jury found Appellant guilty of all charges. He was sentenced as follows: Count I: Life in Prison; Count II, 20 to 20 years; Count III 50 to 50 years; Count IV 20 to 20 years; Count V; 20 to 20 years. All sentences were ordered to be served consecutively.
Issues: The trial court erred in (1) overruling Appellant’s objection to the State obtaining a second search warrant for a cellular phone; (2) admitting the contents of the cellular phone including text messages, photographs, under the search incident to arrest exception to the warrant requirement; (3) overruling the motion to suppress the second search warrant for the cellular phone; (4) admitting the contents of the cellular phone over foundation objection; (5) admitting incoming text messages under the hearsay exception for statements of a co-conspirator; (6) granting the City’s motion for protective order of Omaha Police Department gang files; (7) denied Appellant’s motion for mistrial after Det. Herfordt identified a photograph on the cellular phone as an “infamous gang member”; (8) denied Appellant’s motion to strike the testimony of Det. Herfordt after he admitted he had no personal knowledge of the person in the photograph; (9) overruling Appellant’s motion for mistrial and motion to strike testimony of Ramone Navarez for relevance.