State v. Hill, 298 Neb. 675

On Dec. 10, 2013, Virgil Dunn was shot and killed; surveillance and witnesses placed persons fleeing the scene, and a red baseball cap was recovered ~50 feet from the body.
Police conducting fugitive surveillance on Feb. 12, 2014, followed a Ford Taurus whose driver committed multiple stop-sign/traffic violations; officers stopped the vehicle and observed Hill (passenger) briefly reach downward.
The driver consented to a vehicle search; officers found a handgun under the passenger seat and ammunition in a purse. Forensic testing linked the handgun to the spent projectile recovered from Dunn.
DNA testing: Hill’s DNA major profile matched DNA from the inside headband and front interior of the recovered cap; Hill’s DNA was identified as a major contributor on the handgun and a major (partial) contributor on live rounds; the projectile from Dunn matched Dunn’s DNA.
Hill was charged with first-degree murder, use of a deadly weapon to commit a felony, and two counts of possession of a deadly weapon by a prohibited person. After denial of suppression and Daubert challenges, a jury convicted Hill of first-degree murder and both possession counts (acquitted on the use count); sentenced to life plus concurrent term(s).

Issue	Hill's Argument	State's Argument	Held
Validity of traffic stop / pretext	Stop lacked probable cause and was pretextual; officers lacked specific suspicion of Hill	Officers observed multiple traffic violations; subjective motive irrelevant once violation observed	Stop was lawful; probable cause existed based on traffic violations (Whren controls)
Legality of vehicle search / standing	Search and seizure of weapon improper; Hill (passenger) challenges search	Driver consented; driver had common authority over vehicle; consent rendered search lawful	Search valid under voluntary third-party consent; Hill lacked standing to suppress otherwise
Admissibility of DNA evidence (Daubert/Schafersman)	PCR-STR on mixed samples unreliable; population database issues and subpopulation concerns	PCR-STR is generally accepted, lab accredited, method reliable; mixed-sample limitations go to weight, not admissibility	DNA evidence admissible; district court did not abuse discretion (Bauldwin, Ellis precedents)
Prosecutor’s rebuttal comment about witnesses and hat	Statement misstated witness testimony and tied Hill to scene; prejudicial misconduct	Remark inadvertent/interpretive; jurors instructed to rely on evidence; cumulative record strong	No reversible misconduct; court admonished jury and instructions sufficed; no mistrial required

Whren v. United States, 517 U.S. 806 (officer subjective intent irrelevant to validity of traffic stop)
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (trial judge gatekeeper for scientific expert testimony)
Strickland v. Washington, 466 U.S. 668 (two-prong standard for ineffective assistance of counsel)
State v. Bauldwin, 283 Neb. 678 (PCR-STR mixed-sample DNA testing admissible; methodology reliable)
State v. Ellis, 281 Neb. 571 (limitations of mixed-sample DNA testing affect weight, not admissibility)
State v. Dallmann, 260 Neb. 937 (traffic violation, however minor, gives probable cause to stop)
Schafersman v. Agland Coop, 262 Neb. 215 (application of Daubert standard in Nebraska)