State v. Trotter

Summary

The Nebraska Supreme Court affirmed Charles S. Trotter’s convictions for two counts of first degree murder and two counts of using a deadly weapon to commit a felony. The court held that the district court did not abuse its discretion by excluding photographs of an alleged alternative perpetrator and that Trotter’s aggregate 90-to-140-year sentence did not violate the Eighth Amendment under Miller v. Alabama.

Holdings

1. The district court did not abuse its discretion in excluding the photographs because their probative value was minimal and the photographs presented a risk of juror confusion and misleading the jury under Neb. Evid. R. 403. Trotter also failed to preserve his argument that the photographs were relevant because they showed Hines wearing clothing similar to that worn by the shooter; in any event, that evidence would have been cumulative.
2. Trotter's aggregate sentence of 90 to 140 years' imprisonment was not an unconstitutional functional life sentence under Miller v. Alabama because the district court considered individualized sentencing factors and imposed the minimum sentence for each conviction rather than life imprisonment without parole.

Questions Presented

1. Whether the district court abused its discretion by excluding photographs of an alleged alternative perpetrator under the relevance and unfair-prejudice provisions of the Nebraska Evidence Rules.
2. Whether Trotter's aggregate sentence of 90 to 140 years' imprisonment, imposed for offenses committed when he was a juvenile, was the functional equivalent of life imprisonment without parole and therefore violated the Eighth Amendment under Miller v. Alabama.

Disposition

affirmed