State v. Martinez (20)

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State v. Martinez (20)

Case Number
S-15-0881
Call Date
October 4, 2016
Court Number
Cheyenne
Case Summary

S-15-0881 State v. Larry G. Martinez (Appellant)

Cheyenne County District Court, Judge Derek C. Weimer

Attorneys: Erin E. Tangeman (Attorney General's Office) --- Sarah P. Newell (Nebraska Commission on Public Advocacy) (Appellant)

Criminal: Motion to suppress; 1st degree murder; using firearm to commit a felony

Proceedings below: Appellant was convicted following a jury trial and sentenced to life imprisonment consecutive to 10-50 years.

Issues: 1) The district court erred in overruling Appellant's motion to suppress his statements under Neb. Rev. Stat. ' 20-152, 2) the district court's interpretation of Neb. Rev. Stat. '' 20-151 et. seq. Violates Art. II ' 1 of the Nebraska Constitution, the Separation of Powers Clause, 3) the trial court erred by considering lay opinion testimony when interpreting Neb. Rev. Stat. 20-151 et. seq., 4) the trial court erred in finding Appellant competent to stand trial; doing so violates his substantive due process rights under the 5th and 14th Amendments of the United States Constitution and Article I, '' 3 and 11 of the Nebraska Constitution, 5) the trial court erred in admitting lay opinion testimony when considering Appellant's competency, 6) the trial court erred when instructing the jury on the definition of deliberation; doing so violated his right to a due process under the 5th and 14th Amendments to the United States Constitution and Article I, '' 3 and 11 of the Nebraska Constitution, and 7) the trial court violated Appellant's due process under the 5th and 14th Amendment to the United States Constitution and Article I, '' 3 and 11 of the Nebraska Constitution by not instructing the jury that the State must disprove Appellant acted on a sudden quarrel.