S-18-0762 State of Nebraska v. Huan Lin (Appellant)
Buffalo County District Court, Judge William T. Wright
Attorneys: Richard Calkins (Calkins Law Office, for Appellant) --- Nathan A. Liss (Office of the Attorney General, for Appellee)
Criminal: Motion to suppress; Forfeiture of bond
Proceedings below: On July 23, 2018, a suppression hearing was to occur but Appellant failed to appear. The trial court denied the Appellant’s motion to suppress and declared that the Appellant, as a result of failing to appear, waived his right to challenge the constitutionality of the search conducted by law enforcement. Appellant’s bond was revoked and a bench warrant was issued.
Issues: 1) The District Court erred when it denied Appellant’s motion to suppress without hearing or receiving any evidence, then subsequently finding that Appellant had waived his right to have a hearing on a motion to suppress by failing to appear, 2) the District Court erred when it awarded the State a $200,000.00 “default judgment” against Appellant and “credited” the $18,000.00 held as bond against said judgment, all without proper notice or hearing, and 3) all of the District Court’s actions being appealed in this matter violated Appellant’s constitutional due process rights.