State v. Jones

296 Neb. 494 (2017) · Nebraska Supreme Court · April 21, 2017 · No. No. S-16-754

Summary

The Nebraska Supreme Court affirmed Akeem R. Jones' conviction for first degree murder and life sentence. The court held that sufficient evidence supported the jury's identification of Jones as the shooter, emphasizing that appellate courts do not reweigh evidence or resolve witness-credibility conflicts.

Court
Nebraska Supreme Court
Writing for the Court
Stacy, J.; Heavican, C.J.; Wright, J.; Miller-Lerman, J.; Cassel, J.; Kelch, J.; Funke, J.
Jurisdiction
Nebraska
Decision date
April 21, 2017
Docket number
No. S-16-754
Procedural posture
Direct appeal from a conviction for first degree murder and a sentence of life imprisonment, challenging the sufficiency of the evidence.
Standard of review
When reviewing a criminal conviction for sufficiency of the evidence, the appellate court views the evidence in the light most favorable to the prosecution and asks whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. The appellate court does not resolve evidentiary conflicts, assess witness credibility, determine the plausibility of explanations, or reweigh the evidence.
Precedential value
Published opinion; binding Nebraska Supreme Court precedent.
Parties
Akeem R. Jones v. State of Nebraska
Disposition
affirmed

Topics

criminal procedureevidenceburden of proofappellate procedurestandard of review

Practice areas

Criminal lawAppellate practiceEvidence

Questions Presented

  1. Whether sufficient evidence supported Jones's first degree murder conviction, specifically whether a rational trier of fact could find beyond a reasonable doubt that Jones was the shooter.

Holdings

  1. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Jones was the shooter and therefore supported his first degree murder conviction.
  2. The appellate court could not resolve conflicts in the evidence, assess witness credibility, determine the plausibility of explanations, or reweigh the evidence; those matters belong to the fact finder.

Key quotations

When reviewing a criminal conviction for sufficiency of the evidence to sustain the conviction, the relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (499)
An appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of explanations, or reweigh the evidence; such matters are for the finder of fact. (499)

Factual background

Gary Holmes was shot and killed inside a convenience store in Omaha, Nebraska, and another customer was severely injured. Witnesses identified Jones as the shooter, including Bullard, who saw Jones approach and later return toward a red car carrying a gun and ski mask, and Anthony, who testified that Jones proposed the shooting, possessed a gun and ski mask, and later confessed. Additional testimony and physical evidence supported the account, including evidence that clothing was burned near Jones's mother's apartment shortly after the shooting.

Procedural history

A Douglas County District Court jury convicted Jones of first degree murder, and the district court sentenced him to life imprisonment. Jones filed a timely direct appeal, asserting that the evidence was insufficient to establish that he was the shooter. The Nebraska Supreme Court affirmed the conviction and sentence.

Court Document

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