State v. Cornwell

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State v. Cornwell

Case Number
Call Date
August 30, 2016
Court Number
Case Summary

S-15-1040 State v. Chancey Cornwell (Appellant)

Lancaster County, Judge John Colborn

Attorneys: David J. Tarrell (Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: DUI - refusal to submit to a chemical test, two prior convictions

Proceedings below: The district court denied Appellant's motion to quash. Following a jury trial, Appellant was found guilty and sentenced 2 to 5 and 15 years of license revocation.

Issues on Review: The district court committed plain error in holding that Appellant did not carry his burden of showing that Nebraska's implied consent statute, Neb. Rev. Stat. '6o-6,197 violates his Fourth Amendment right to be free from unreasonable searches when it plainly criminalized his decision to withdraw his consent to a warrantless search seeking evidence for purposes of a criminal prosecution that was purportedly conducted under the consent exception to the warrant requirement.