S-21-0557 State of Nebraska (Appellee) v. Aubrey C. Trail (Appellant)
Appeal from the District Court for Saline County, Judge Vicky L. Johnson
Attorneys: Joseph M. Murray and Benjamin H. Murray (Murray Law Firm for Appellant) and James D. Smith (Assistant Attorney General)
Criminal: First Degree Murder, Improper Disposal of Human Skeletal Remains, Criminal Conspiracy to Commit First Degree Murder, and Capital Punishment
Proceedings below: Appellant was convicted and sentenced for First Degree Murder (death sentence), Improper Disposal of Human Skeletal Remains (two year prison sentence), and Criminal Conspiracy to Commit First Degree Murder (fifty year prison sentence). Capital punishment cases are an automatic and direct appeal to the Nebraska Supreme Court.
Issues: On appeal, Appellant makes the following assignments of error: 1) The district court erred and abused its discretion in allowing the jury panel to be “death qualified;” 2) the district court erred and abused its discretion in denying Appellant’s pretrial motion to sever; 3) the district court erred and abused its discretion in allowing an identified witness to remain in the courtroom during the trial in violation of its own sequestration order; 4) the district court erred and abused its discretion in denying Appellant’s Motion for mistrial; 5) the district court erred and abused its discretion in denying Appellant’s motion for a new trial; 6) Nebraska’s Death Penalty statute is unconstitutional because it permits judges, not juries, to make factual findings necessary to impose death sentences, in violation of the 6th and 8th Amendments to the United States Constitution and articles I-6 and I-9 of the Nebraska Constitution; and 7) the sentencing panel erred when concluding that Appellant’s case merits death when compared to similar cases.