State v. Hill
905 N.W.2d 668
Neb.2018Background
- On Dec. 10, 2013, Virgil Dunn was fatally shot near the Spencer Street housing projects in Omaha; surveillance showed Dunn with a white plastic bag shortly before the shooting and a red baseball cap was found ~50 feet from his body.
- Police stopped a Ford Taurus on Feb. 12, 2014, after observing multiple traffic-sign violations; Teon D. Hill was the passenger and officers discovered a handgun under the passenger seat after the driver consented to a vehicle search.
- DNA testing (PCR-STR) linked Hill to the baseball cap at the crime scene and found Hill as a major contributor in DNA mixtures on the handgun and live rounds; ballistics testing matched a spent projectile from Dunn’s jacket to the handgun recovered in the Taurus.
- 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; tried in Feb. 2016.
- The district court denied Hill’s pretrial motions to suppress the gun and to exclude DNA testimony; a jury convicted Hill of first-degree murder and both possession counts (acquitted on the weapon-use count). Hill was sentenced to life plus concurrent 15–20 year terms, and appealed.
Issues
| Issue | Hill's Argument | State's Argument | Held |
|---|---|---|---|
| 1. Validity of traffic stop / suppression | Stop was pretextual and lacked probable cause; search of Hill/vehicle unlawful | Officers observed multiple traffic violations giving probable cause; driver consented to search; Hill lacked standing as a passenger | Stop and search lawful; suppression denied |
| 2. Admissibility of DNA expert testimony | PCR-STR on mixed samples unreliable for identity; population database issues make frequencies misleading | PCR-STR is generally accepted, lab accredited, methodology reliable; mixed-sample limits go to weight not admissibility | DNA testimony admissible under Daubert/Schafersman; district court did not abuse discretion |
| 3. Prosecutor's rebuttal statements about hat | Rebuttal misstated evidence (claimed witnesses saw hat lost at scene), prejudicial and warranted striking/mistrial | Statement inadvertent, connected to evidence already presented; curative instruction and jury instruction adequate | Overruling objection not an abuse; no reversible prosecutorial misconduct |
| 4. Ineffective assistance of counsel claims | Multiple failures (trial preparation, discovery, subpoenas, alibi witnesses, DNA expert, advising about testifying, moving for mistrial/new trial) prejudiced defense | Many claims not supported or are speculative; some records insufficient for review; where record shows, counsel actions reasonable | Majority of claims denied; some claims require further record and not resolved on direct appeal |
| 5. Sufficiency of evidence / directed verdict | Evidence insufficient without eyewitness tying Hill to shooting; DNA science questionable | DNA, ballistics, circumstantial evidence (cap, gun, rounds, witnesses fleeing) sufficient to support convictions | Evidence sufficient; motions to dismiss/directed verdict denied |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (officer subjective intent irrelevant to traffic-stop Fourth Amendment analysis)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (trial judge as gatekeeper for scientific expert testimony)
- Strickland v. Washington, 466 U.S. 668 (two-prong standard for ineffective assistance of counsel)
- State v. Dallmann, 260 Neb. 937 (traffic violation supplies probable cause for stop regardless of officer motive)
- State v. Bauldwin, 283 Neb. 678 (PCR-STR methodology for mixed DNA samples is admissible; limits go to weight)
- State v. Ellis, 281 Neb. 571 (PCR-STR mixed-sample analysis and frequency evidence admissible; mixture issues affect weight, not admissibility)