State v. Surber

Summary

The Nebraska Supreme Court affirmed Andres Surber’s convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person. The court held that sufficient evidence supported the district court’s finding that Surber was competent to stand trial. It also concluded that Surber waived challenges to certain evidence by introducing evidence on the same subject and that any error concerning other evidence was harmless.

Holdings

1. The district court did not err in finding Surber competent to stand trial because sufficient evidence supported the determination, including the court's observations that Surber followed the proceedings and communicated with counsel.
2. Surber waived any appellate objection to the admission of the severed arm and leg and the bloodied boots because he introduced evidence on the same subject through his own testimony.
3. Any error in failing to suppress the bloodied clothes was harmless because the guilty verdicts were surely unattributable to the admission of that evidence.

Questions Presented

1. Whether the district court erred in finding Surber competent to stand trial.
2. Whether Surber waived suppression objections concerning evidence about which he testified at trial.
3. Whether any error in admitting bloodied clothes from the Galvan residence was harmless.
4. Whether the district court erred in admitting evidence obtained from the Impala and Galvan residence under exceptions to the warrant requirement and the plain-view doctrine.
5. Whether second searches of the Impala, the Galvan residence, and the Yukon violated the Fourth Amendment.

Disposition

affirmed