State v. Rezac

S-24-0281 State of Nebraska (Appellee) v. Karsen H. Rezac (Appellant)

Appeal from the District Court for Lancaster County, Judge Lori A. Maret

Attorneys:  Matthew K. Kosmicki (Attorney for Appellant) and Lincoln J. Korrell and Eric J. Hamilton (Asst. Attorneys General for Appellee)

Criminal:  Life Imprisonment for second-degree murder

Proceedings below: Appellant entered a no contest plea to second-degree murder, and the district court sentenced him to sixty (60) years to life in prison.  Life imprisonment cases are direct appeals to the Supreme Court.   

Issues: Appellant makes the following assignment of error:  1) The district court erred and abused its discretion by denying Appellant’s request to continue the sentencing so that Appellant’s counsel could gather mental health records and provide them to the probation office to be included in the PSR; 2) The district court abused its discretion by imposing an excessive sentence and failing to recognize the statutory factors in favor of a more lenient sentence; and 3) Trial counsel was constitutionally ineffective in violation of the 6^th and 14^th Amendments of the United States Constitution and Article 1, §§ 3 and 11 of the Nebraska Constitution:  a)   Trial counsel was ineffective in violation of the 5^th, 6^th,  and 14^th Amendments of the U.S. Constitution and Article I, §§ 3, and II of the Nebraska Constitution by failing to move to suppress Appellant’s statement to law enforcement; b) Trial counsel was ineffective in violation of the 6^th and 14^th Amendments of the U.S. Constitution and Article I, §§ 3, and II of the Nebraska Constitution by failing to fully explain to the Appellant the penalties of second-degree murder; c) Trial counsel was ineffective in violation of the 6^th and 14^th Amendments of the U.S. Constitution and Article I, §§ 3, 6 and II of the Nebraska Constitution by advising the Appellant that he could not present a self-defense argument to the charges in the information; d) Trial counsel was ineffective in violation of the 6^th and 14^th Amendments of the U.S. Constitution and Article I, §§ 3, 6 and II of the Nebraska Constitution by failing to explain and advise the Appellant the difference between second-degree murder, which involves intentionally causing the death of a person, and manslaughter, which is causing the death of a person unintentionally while committing an unlawful act; and e) Trial counsel was ineffective in violation of the 6^th and 14^th Amendments of the U.S. Constitution and Article I, §§ 3, and II of the Nebraska Constitution by failing to provide the Appellant’s mental health records to the probation office to be included in the presentence report or directly to the court for sentencing.