State v. Kidder, 299 Neb. 232

Victim Jessica Nelson was found strangled in her bathtub on June 25, 2015; autopsy showed ligature mark consistent with a cell phone charging cord and evidence of sexual assault.
Investigators recovered Nelson’s cell phone (and cord), fingernail clippings/swabs, and other biological samples; DNA on the cord and under Nelson’s nails matched a mixture that could not exclude Matthew Kidder.
Historical cell-site data placed Kidder’s phone near Nelson’s home around midnight; Kidder had texted Nelson with sexual/violent overtures in the months preceding the murder.
Kidder made inculpatory admissions: he told his father he was at Nelson’s home that night and, to a jail cellmate, confessed and described nonpublic details (and admitted attempting to rinse DNA). The cellmate corroborated details not publicly known.
Police searched Kidder’s laptop pursuant to warrants and found private-browser searches and downloads of violent sexual/strangulation pornography; Kidder moved to suppress and for a Rule 404 hearing to exclude that laptop evidence.
A jury convicted Kidder of first degree murder and use of a deadly weapon to commit a felony; the trial court initially sentenced Count II to 50–50 years, then (after sidebar) reduced it to 20–20 years; Kidder appealed.

Issue	State's Argument	Kidder's Argument	Held
Admissibility of laptop Internet-history evidence (warrants valid; in limine)	Warrants supported probable cause or exceptions (good faith/independent source); laptop evidence was intrinsic and admissible without a 404 hearing.	Warrants lacked probable cause and were overbroad/insufficiently particular; Rule 404 hearing required because material was prior bad acts and highly prejudicial.	Even assuming error, admission was harmless beyond a reasonable doubt given overwhelming untainted evidence (DNA, confession, cell-site, admissions); convictions affirmed.
Post‑pronouncement modification of Count II sentence	Initial 50–50 year sentence was valid when pronounced and thus effective; subsequent reduction to 20–20 was invalid.	(No cross‑argument preserved)	Plain error: the initial 50–50 years took effect on pronouncement; the later change to 20–20 was a nullity. That portion of the sentence vacated and remanded with directions to reinstate 50–50.

State v. Hidalgo, 296 Neb. 912 (standard of review for suppression: factual findings for clear error; legal Fourth Amendment questions reviewed de novo)
State v. Britt, 293 Neb. 381 (harmless error principles in criminal cases)
State v. Draper, 289 Neb. 777 (harmless error jurisprudence; not all errors require reversal)
State v. Mora, 298 Neb. 185 (plain error standard)
State v. Kinney, 217 Neb. 701 (sentence pronounced takes effect when pronounced; later modification is null)
State v. Cousins, 208 Neb. 245 (same rule on sentencing pronouncement)