S-17-1039 State v. Rolander L. Brown (Appellant)
Douglas County, Judge James T. Gleason
Attorneys: Melissa R. Vincent (Attorney General’s Office) --- Thomas C. Riley (Public Defender’s Office) (Appellant)
Criminal: Motion to suppress; second degree murder; use of deadly weapon to commit felony; possession of firearm by prohibited person
Proceedings Below: Following a jury trial, Appellant was convicted and sentenced to 100 to 140 years in prison. Appellee filed a petition to bypass, which was granted by the Nebraska Supreme Court.
Issues: 1) The district court erred in denying Appellant’s motion to suppress cell phone records that included historic sell site information which can pinpoint the location of a cell phone on certain dates and times because Appellant has a reasonable expectation of privacy in that information and requires a valid search warrant based on probable cause for law enforcement to obtain such information, 2) the affidavit submitted in support of the search warrant/court order under the federal stored communications act does not establish reasonable grounds to issue an order for release of the requested information, 3) the district court erred in admitting into evidence, over Appellant’s relevance and Neb. Rev. Stat. §27-403 objections, the testimony of Parris Stamps that prior to trial, he and his girlfriend were shot and that she was killed, and 4) The district court imposed an excessive sentence.