9:25am
S-19-0415 State of Nebraska v. Marcus L. Short (Appellant)
Douglas County District Court, Hon. Horacio J. Wheelock
Attorneys: Thomas C. Riley (Douglas County Public Defender, for Appellant) – Stacy M. Foust (Office of the Attorney General, for Appellee)
Criminal: First degree murder; Motion to suppress; Due process; Speedy trial
Proceedings Below: The district court denied Appellant’s motions seeking suppression of evidence seized after searched of his residence, person, cell phones, and cell phone records, and Appellant’s motion to dismiss the charges, or in the alternative, for complete discharge based on the State’s belated discovery disclosures. After a jury trial, Appellant was found guilty of one count of first degree murder, one count of use of a deadly weapon to commit a felony, and two counts of possession of a deadly weapon by a prohibited person.
Issues on Appeal: Whether the district court committed reversible error 1) when the court overruled the Appellant’s motion to suppress the fruits of the search of his residence; 2) when the court overruled Appellant’s motion to suppress the seizure of the two cell phones from Appellant’s person; 3) when it denied the Appellant’s motion to suppress the information obtained from a search of the content of the Appellant’s cell phones; 4) when it allowed the State to present cell site location information; 5) when it denied the Appellant’s motion to dismiss based on the State’s failure to comply with discovery requirements; and 6) when it failed to grant the Appellant’s motion for complete discharge because the Appellant was deprived of his Sixth Amendment right to a speedy trial.