State v. Stubbendieck
302 Neb. 702
| Neb. | 2019Background
- In August 2017, Matthew J. Stubbendieck reported that his girlfriend, Alicia Wilemon-Sullivan, had killed herself; her body was found in a remote quarry area with wrist cuts and a knife nearby. An item of boxer briefs at the scene was later identified as belonging to Stubbendieck.
- Texts recovered from both parties showed Sullivan’s long-standing suicidal ideation and a plan for her to fly from Florida to Nebraska to marry Stubbendieck and then die in his arms. Stubbendieck helped arrange travel and sought narcotics (morphine/heroin) to assist Sullivan.
- Witnesses testified that Stubbendieck asked others to obtain morphine and told coworkers he had liquid morphine; one witness (Timbs) corroborated oral statements and text exchanges describing his role and requests for drugs.
- Stubbendieck admitted he twice tried to suffocate Sullivan (covering her nose/mouth) and left her alive and speaking about 7.5 hours after arriving at the location; later he led deputies to the body.
- Autopsy showed moderate decomposition, cuts to both wrists, and morphine in the liver at levels within the lethal range; the medical examiner could not determine a definitive cause or manner of death and listed cause as "undetermined," noting asphyxia, drugs, and hypothermia could not be excluded.
- Stubbendieck was charged with and convicted of assisting suicide (Neb. Rev. Stat. § 28-307) after a jury trial; he was sentenced to probation and appealed, challenging evidentiary rulings and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of medical examiner (autopsy) testimony | Testimony relevant to whether drugs, asphyxia, or other factors contributed; probative to whether defendant aided suicide | Irrelevant and unfairly prejudicial because examiner could not determine cause/manner; risk jury speculation | Admission proper — testimony relevant and probative; §27-403 balance not abused; no unfair prejudice shown |
| Admissibility of text messages (Stubbendieck–Timbs) | Messages proved motive, planning, corroborated Timbs, linked defendant to location and drug procurement | Romantic portions irrelevant and prejudicial; extraneous character evidence | Admission proper — messages had strong probative value for motive/plan; prejudicial effect did not substantially outweigh probative value |
| Sufficiency of evidence to prove assisting suicide (aiding/abetting) | State: texts, witness testimony, defendant’s efforts to obtain morphine, and his admissions to attempted suffocation support conviction | Defendant: mere presence/acquiescence; autopsy inconclusive so evidence does not show he actively participated | Sufficient — a rational juror could find beyond reasonable doubt that defendant aided and abetted the suicide; acts and admissions showed active participation |
| Reliance on extrajudicial admissions / corpus delicti concerns | Confessions and admissions corroborated by independent evidence (texts, witnesses, autopsy findings) | Admission alone insufficient to prove corpus delicti given undetermined cause of death | Corpus delicti adequately established by circumstantial evidence corroborating admissions; conviction stands |
Key Cases Cited
- State v. White, 272 Neb. 421 (addressing relevance and admissibility principles)
- State v. Henderson, 289 Neb. 271 (standard for reviewing evidentiary rulings and §27-403 balancing)
- State v. Bauldwin, 283 Neb. 678 (admissibility and relevance under Nebraska Evidence Rules)
- Old Chief v. United States, 519 U.S. 172 (1997) (discussing persuasive power of concrete evidence and jury narrative)
- State v. Tucker, 301 Neb. 856 (defining unfair prejudice under §27-403)
- Olney v. State, 169 Neb. 717 (corroboration of confessions and corpus delicti principles)