S-18-0025 State v. Malik M. Stelly (Appellant)
Douglas County District Court, Judge Shelly R. Stratman
Attorneys: Austin N. Relph (Attorney General’s Office) (Appellee) --- Michael J. Wilson (Schaefer Shapiro, L.L.P.)(Appellant)
Criminal: First degree murder
Proceedings below: Following a jury trial, the trial court found Appellant guilty of first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person. Appellant was sentenced to life imprisonment for his offense of first degree murder, 30 to 40 years’ imprisonment for use of a firearm to commit a felony, and 30 to 40 years’ imprisonment for possession of a firearm by a prohibited person. All of the sentences were ordered to be served consecutively and the Appellant received 321 days’ credit for time served.
Issues: Whether the trial court 1) violated Neb. Evid. R. 403 when it admitted cumulative crime scene and autopsy photographs of a gruesome and inflammatory nature over Appellant’s objection; 2) committed prejudicial error when it failed to sustain Appellant’s motion to suppress all evidence derived from the search warrants; and whether trial counsel provided 1) prejudicial ineffective assistance when he failed to object to the trial court’s receipt of exhibit 103 into evidence; 2) prejudicial ineffective assistance when he failed to object to the prosecutors’ introduction of irrelevant evidence and argument regarding good qualities and personal attributes of the deceased; 3) prejudicial ineffective assistance when trial counsel failed to adequately investigate and present several aspects of Appellant’s defense; and 4) representation that fell below an objective standard of reasonably effective assistance which cumulatively deprived the Appellant of a fair trial.