State v. Allen
318 Neb. 627
Neb.2025Background
- Keith L. Allen was convicted of first-degree murder and firearm use and is serving a life sentence.
- After his convictions were affirmed, Allen moved in district court for return of more than 50 items allegedly seized after his arrest, including firearms, video recordings, and bullet slugs.
- The district court held a hearing; Allen claimed many items belonged to others and did not present evidence showing they were seized from him.
- The State presented an order from a related wrongful death suit attaching Allen’s property but did not specify which items were evidence.
- The court partially granted and partially denied Allen’s motion, categorizing items as evidence, contraband, or other; Allen appealed the denial of some items' return.
- The Nebraska Supreme Court reviewed whether the district court erred in its evidentiary rulings and its handling of the property.
Issues
| Issue | Allen's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of prejudgment attachment order (exhibit 300) | Should have been excluded for lack of foundation, hearsay, etc. | Allen waived objection by not making one at hearing | No abuse of discretion; not plain error; court did not rely on it |
| Exclusion of firearm receipts (exhibit 301) | Estate couldn’t object, receipts should be admitted | Allen failed to provide adequate record; not prejudiced by exclusion | No abuse of discretion; any error was harmless |
| Return of property (procedural presumption and burden) | State failed burden to justify retention; items should be returned | Allen didn’t prove items seized from him; court erred on evidence ID | District court plainly erred; reversed and remanded |
| Application of statutory provisions (§ 29-820 vs. § 29-818) | Court wrongly applied wrong statute | — | Error to apply § 29-820; correct framework must be used |
Key Cases Cited
- State v. Agee, 274 Neb. 445 (burden shifts to state to justify retention after showing of seizure by defendant)
- State v. McGuire, 301 Neb. 895 (defendant must initially show property was seized from him)
- State v. Assad, 317 Neb. 20 (framework for court custody and return of seized evidence)
- State v. Figures, 308 Neb. 801 (waiver of objection to evidence admitted without timely objection)