838 N.W.2d 317
Neb. Ct. App.2013Background
- Newman was convicted in Douglas County District Court of one count of first-degree sexual assault of a child and six counts of visual depiction of child pornography.
- Jane, the victim, was born in 1999 and was about 10 years old during the events; conduct began when she was around 6.
- Newman engaged in touching, licking, and rubbing of Jane’s genital area, sometimes while both were unclothed, and he photographed Jane in nude poses including a hand-on-penis image.
- A laptop found in Newman’s home contained child-pornography; the computer was jointly used by Newman and his wife, who located the material and later permitted a search.
- Newman moved to suppress evidence from the laptop search and statements from a police interview; the district court denied both suppressions, and Newman later sought discharge on speedy-trial grounds; the court eventually convicted and sentenced him, and the appeals court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression: voluntariness of statements | Newman | State viewed as voluntary | Statements suppressed not warranted; voluntary under totality of circumstances |
| Suppression: laptop search consent | State relied on shared authority; wife authorized search | Newman lacked authority; consent invalid | Search valid; wife had actual/apparent authority to consent |
| Speedy-trial discharge after amended information | Amendment changed charges; sixth-month clock restarted | Dismissal proper; waiver unaffected | No discharge; amended information did not prejudice due process after dismissal of extra charges |
| Sufficiency of evidence for penetration | Jane described penetration as part of the acts | No penetration occurred | Sufficient evidence supported penetration under statute |
Key Cases Cited
- State v. Casillas, 279 Neb. 820 (2010) (two-part Fourth Amendment review; historical facts deference; legal question independent)
- State v. Hedgcock, 277 Neb. 805 (2009) (seizure requires police show of authority or force; review for clear error)
- State v. Victor, 235 Neb. 770 (1990) (consent to accompany to station not involuntary per se; voluntary cooperation case)
- State v. Bronson, 242 Neb. 931 (1993) (voluntariness of accompaniment to police station under totality of circumstances)
- State v. Reinpold, 284 Neb. 950 (2013) (shared/third-party authority to consent to search; valid even if authority later disputed)
- State v. French, 262 Neb. 664 (2001) (amendments to information; effect on speedy-trial clock; same vs. different charges)