Summary
The Nebraska Supreme Court affirmed Matthew J. Kidder’s convictions for first degree murder and use of a deadly weapon to commit a felony. The court held that any error concerning the admission of evidence obtained from Kidder’s laptop was harmless beyond a reasonable doubt. It also found plain error in the subsequent modification of a validly pronounced sentence on the deadly-weapon conviction, vacated that sentence, and remanded with directions.
Topics
Practice areas
Questions Presented
- Whether the district court erred in denying Kidder's motions to suppress evidence obtained from the seizure and forensic search of his laptop on the grounds that the warrants lacked probable cause and were overbroad and insufficiently particular.
- Whether the district court erred in denying Kidder's motion in limine and admitting testimony concerning his Internet browsing history and downloaded violent pornography without a Neb. Evid. R. 404 hearing.
- Whether the district court committed plain error by modifying, during the sentencing hearing, the validly pronounced 50-to-50-year sentence on count II to 20 to 20 years.
Holdings
- Any error in overruling the motions to suppress and the motion in limine and admitting evidence from the laptop was harmless beyond a reasonable doubt because the guilty verdicts were surely unattributable to that evidence.
- In reviewing a suppression ruling based on an alleged Fourth Amendment violation, historical facts are reviewed for clear error, while whether those facts trigger or violate Fourth Amendment protections is reviewed independently as a question of law.
- A sentence validly imposed takes effect when pronounced, and a subsequent attempt to impose a different sentence is a nullity; the validly pronounced 50-to-50-year sentence remained in force.
Key quotations
“The inquiry is not whether in a trial that occurred without the error, a guilty verdict would surely have been rendered, but whether the actual guilty verdict rendered was surely unattributable to the error.” (245)
“Because the sentence originally pronounced was valid, it took effect as soon as it was pronounced and any attempt thereafter to modify it to a term of 20 to 20 years’ imprisonment was plainly erroneous and of no legal effect.” (248)
Factual background
Jessica Nelson was found strangled in her home, with the cell phone cord around her neck and injuries indicating a struggle and sexual assault. Kidder's DNA was found on the cord and beneath Nelson's fingernails; cell-site evidence placed his phone near Nelson's home around the time of the killing; and a cellmate testified that Kidder confessed and supplied nonpublic details about the crime. Police obtained warrants to search Kidder's home and laptop, discovering Internet searches and downloaded videos involving sexual assault and strangulation. The district court admitted testimony describing that material, and the jury convicted Kidder of first degree murder and use of a deadly weapon to commit a felony.
Procedural history
The Douglas County District Court denied Kidder's motions to suppress and motion in limine, admitted testimony concerning Internet searches and violent pornography found on his laptop, and entered convictions for first degree murder and use of a deadly weapon to commit a felony. The court initially pronounced a consecutive sentence of 50 to 50 years on count II, then reduced it during the sentencing hearing to 20 to 20 years and entered an order reflecting the reduced term. The Nebraska Supreme Court affirmed the convictions, vacated the modified sentence on count II, and remanded with directions to reinstate the originally pronounced 50-to-50-year sentence.
Remand instructions
Vacate the portion of the sentencing order imposing 20 to 20 years' imprisonment on count II and reinstate the valid 50-to-50-year sentence originally pronounced. Affirm the judgment in all other respects, including the convictions.