State v. Kilmer, 318 Neb. 148

Kevin T. Kilmer was convicted by jury of first degree murder and use of a deadly weapon after Ruth Ann Wittmuss was found dead by blunt force trauma to the head, caused by an ax, and her body was found in a suitcase on a roadside.
Kilmer had been staying with Wittmuss and Michael Malone (with whom Kilmer had a romantic relationship) in a trailer house; tensions and arguments escalated between Kilmer and Wittmuss in the days prior to the murder.
On the day of her death, substantial evidence indicated Wittmuss and Kilmer physically and verbally fought, Wittmuss intended to drive Kilmer away, and Kilmer expressed reluctance to leave.
After the murder, evidence showed Kilmer drove Wittmuss' van, cleaned the scene, attempted to remove evidence, and confessed details about the killing to a friend, Amanda Schell.
Kilmer admitted to cleaning up after the homicide and disposing of Wittmuss’ body but at trial claimed Malone was the actual killer and challenged only the sufficiency of evidence for premeditation and malice.

Issue	Appellant's Argument	Appellee's Argument	Held
Sufficiency of evidence for deliberate and premeditated malice	Kilmer: Insufficient evidence to prove deliberate and premeditated malice required for first degree murder; no clear evidence of planning or bringing weapon to scene.	State: Circumstantial evidence and surrounding circumstances, including motive, nature and number of blows, and Kilmer’s actions after the crime, support finding of deliberation and premeditation.	The evidence was sufficient for a rational trier of fact to find premeditated and deliberate malice; conviction affirmed.

State v. Cotton, 299 Neb. 650 (Neb. 2018) (time required to establish premeditation may be brief; premeditation may be instantaneous)
State v. Barnes, 317 Neb. 517 (Neb. 2024) (intent and premeditation can be inferred from actions and circumstances)
State v. Golyar, 301 Neb. 488 (Neb. 2018) (deliberate and premeditated malice can be shown by circumstantial evidence)
State v. Escamilla, 291 Neb. 181 (Neb. 2015) (manner and number of injuries can evidence premeditation)
State v. Beers, 201 Neb. 714 (Neb. 1978) (circumstantial evidence treated same as direct evidence for intent)