State of Nebraska v. Marcus L. Hudson, 279 Neb. 6

Summary

The Supreme Court of Nebraska affirmed Marcus L. Hudson's convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a felon. The court held that testimony concerning conversations between Hudson and a coconspirator was admissible under the Nebraska coconspirator exception to the hearsay rule. The court also held that the evidence was sufficient to support the convictions and that any error in admitting the testimony would have been harmless.

Holdings

1. The trial court properly admitted Johnson's testimony under the coconspirator exception because independent evidence established a prima facie conspiracy between Hudson and McDonald, and the statements were made during and in furtherance of that conspiracy.
2. Even if admission of Johnson's testimony had been erroneous, any error was harmless because the guilty verdict was surely unattributable to the testimony.
3. The evidence, viewed and construed most favorably to the State, was sufficient to support Hudson's convictions.

Questions Presented

1. Whether testimony by Shenika Johnson concerning statements by McDonald was admissible under the coconspirator exception to the hearsay rule.
2. Whether the evidence was sufficient to support Hudson's convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a felon.

Disposition

affirmed