S-20-0429 State v. Teon D. Hill (Appellant)
Douglas County District Court, Hon. Kimberly Pankonin
Attorneys: Kimberly A. Klein (Office of the Attorney General, for Appellee); Gregory A. Pivovar (Attorney for Appellant)
Criminal: First-degree murder
Proceedings Below: The Appellant filed a motion for a new trial, newly discovered evidence and absolute innocence after the Appellant’s trial and appeal. The district court dismissed the Appellant’s motion without an evidentiary hearing.
Issue on Appeal: Whether 1) the trial court erred in referring the motion for new trial to the county attorney for a response in violation of the procedure outlined in Neb. Rev. Stat. 29-2102; 2) the trial court abused its discretion in abrogating its decision making authority to the county attorney’s office; 3) the trial court erred in denying the Appellant’s motion for newly discovered evidence without an evidentiary hearing; 4) the motion in this matter should have been treated as a motion for postconviction relief and as such should have been assessed under different standards; and 5) the trial court erred and abused its discretion for failing to raise it in a postconviction motion and not meeting the high standard required of such a claim.