State v. Ash
293 Neb. 583
| Neb. | 2016Background
- Victim Ryan Guitron disappeared in October 2003; his skeletal remains were found in April 2010 in a Kimball County, Nebraska, abandoned‑farm woodpile; cause of death: two gunshot wounds from a .380 pistol purchased by defendant’s sister.
- Vencil Leo Ash III lived with Guitron and a then‑15‑year‑old Kelly Meehan; both Ash and Meehan used methamphetamine.
- Meehan testified that Ash shot Guitron at the abandoned farm, covered the body, and they later returned to Fort Collins with Guitron’s property; Ash testified an alternative version involving a .22 rifle and self‑defense.
- Meehan ultimately pleaded and testified for the State; physical evidence tied the .380 to the killing and Guitron’s items were found in property Ash obtained after the death.
- Ash was convicted of first‑degree murder at a 2015 retrial (this was his second trial after the Supreme Court remanded the first for a continuance issue); he appeals, asserting insufficient evidence, evidentiary errors, denial of new trial, and ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ash) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of 1st‑degree murder | Evidence (Meehan’s testimony, physical evidence, admissions, location) supports conviction | Meehan’s testimony inconsistent and not credible; evidence insufficient | Affirmed — viewed most favorably to prosecution, a rational juror could find guilt beyond reasonable doubt |
| Prosecutor/Trial‑court evidentiary rulings (opening statement, hearsay, relevance, admission of items) | Prosecutor’s opening and other rulings were not prejudicial; struck hearsay was harmless; items and testimony admissible or any error harmless | Opening and certain testimony/hearsay were improper and required mistrial or exclusion | Affirmed — no abuse of discretion; mistrial not required; any erroneous admission was harmless or not preserved/argued adequately |
| Denial of motion for new trial (venue and voluntariness issues) | Venue established by witness testimony placing crime in Kimball County; no procedural error at new‑trial hearing | Ash argued murder occurred in Colorado and earlier statements/involuntary statements undermine venue | Affirmed — record supported venue in Kimball County; denial of new trial not an abuse of discretion |
| Ineffective assistance of trial counsel (multiple subclaims) | Majority of claimed failures either not argued with required particularity, disproved by record, or not reviewable on direct appeal | Counsel failed to investigate, object, introduce exculpatory evidence, or file motions (many specific alleged omissions) | Affirmed — claims either: (1) insufficiently particular for direct review; (2) record shows no deficiency or prejudice; or (3) require evidentiary hearing beyond the record |
Key Cases Cited
- State v. Ash, 286 Neb. 681 (reversing and remanding earlier conviction for denial of continuance) (prior decision in same matter)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective assistance test — deficient performance and prejudice)
- State v. Dominguez, 290 Neb. 477 (standard for sufficiency review; appellate deference to factfinder)
- State v. Valverde, 286 Neb. 280 (admonition that counsel’s statements are not evidence)
- State v. Dixon, 282 Neb. 274 (mistrial and prejudicial statements standard)