State v. Ely, 287 Neb. 147

Ely was convicted by a jury of first degree murder and use of a deadly weapon to commit a felony for a robbery that resulted in Winters’ death.
The robbery occurred at Winters’ marijuana resale location; Ely and co-actors planned and attempted the robbery.
During the entry, Winters and Brusha fought back; Winters was shot in the neck and died from the gunshot.
The State introduced testimony from accomplices and Ely’s text messages indicating intent to rob for money.
The district court granted a motion in limine to exclude Emily’s prior unlawful conduct; Ely challenged the ruling on appeal.
The court later corrected time-served credit by applying it to the consecutive weapon sentence rather than the life sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for felony murder	Ely formed intent to rob during which the killing occurred.	No proof of intent to commit robbery; evidence too weak.	Sufficient evidence supports felony murder verdict.
Admission of Emily's prior unlawful conduct	Prior robberies showed motive and planning relevant to the robbery.	Prior acts admissible to show motive; probative value outweighs prejudice.	Irrelevant to issue; district court properly excluded evidence.
Flight instruction	Flight evidence supports consciousness of guilt and should be allowed.	Instruction prejudicial or improperly framed.	Flight instruction properly given; no reversible error.
Credit for time served allocation	Credit should reduce life sentence.	Credit should apply to consecutive weapon sentence.	Credit applied correctly to the weapon sentence; modify judgment accordingly.

State v. Eagle Bull, 285 Neb. 369 (2013) (felony murder elements and related definitions)
State v. Valverde, 286 Neb. 280 (2013) (felony murder framework guidance)
State v. Burton, 282 Neb. 135 (2011) (reiteration of trial and evidentiary standards)
State v. Castillas, 285 Neb. 174 (2013) (relevant precedent on intent and underlying felony)
State v. Payne‑McCoy, 284 Neb. 302 (2012) (evidence and sufficiency standards)
State v. Bjorklund, 258 Neb. 432 (2000) (earlier articulation of sufficiency review)
State v. Aldaco, 271 Neb. 160 (2006) (jury instruction and evidentiary considerations)
State v. Watt, 285 Neb. 647 (2013) (credit for time served on consecutive sentences)
State v. Pullens, 281 Neb. 828 (2011) (flight instruction framework and consciousness of guilt)