S-17-0235 State v. Desiderio C. Hernandez (Appellant)
Richardson County, Judge Daniel E. Bryan, Jr.
Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy) (Appellant) --- Erin E. Tangeman (Attorney General’s Office)
Criminal: First degree murder; possession of a firearm by a prohibited person; use of a firearm to commit a felony
Proceedings below: Appellant was found guilty by a jury of each charge. He was sentenced to life imprisonment for first degree murder; 5 years for use of a firearm to commit a felony; and 3-7 years for possession of a firearm by a prohibited person. The sentences were ordered to be served consecutively.
Issues: A. The district court abused its discretion in admitting into evidence appellant's video
statement to law enforcement which was obtained involuntarily and in violation of the right against self incrimination. B. The district court abused its discretion in admitting into evidence appellant's video statement to law enforcement which was obtained involuntarily and in violation of the right against self incrimination as appellant did not sufficiently waive his right against self incrimination and his subsequent invocation of the right to remain silent was ignored. C. The district court abused its discretion in allowing irrelevant and unduly prejudicial evidence to be received by the jury through the video statement of appellant. D. The district court abused its discretion in overruling the defense objections and motion for mistrial on the grounds of prosecutorial misconduct.