State v. Turner
847 N.W.2d 69
Neb.2014Background
- Turner was convicted of first-degree murder, use of a deadly weapon to commit a felony, and possession of a weapon by a prohibited person after a police interview following the Harrison homicide.
- Police obtained Turner’s PlayStation and cell phone as part of the burglary investigation and linked him to the crime via pawn records and fingerprint analysis.
- Turner was questioned at a parole office and later at the police station after a search of his residence uncovered a .22 revolver matching the ballistics.
- During interrogation, officers misrepresented potential sentences for felony murder, suggesting a sentencing disparity tied to the shooting’s intentionality.
- Turner initially denied involvement but confessed after officers emphasized not being an evil person, and after Coleman was allowed to speak with him.
- Turner moved to suppress all statements as involuntary, arguing coercion and leniency promises; the district court denied the motion and he was convicted at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Turner’s confession involuntary due to promises of leniency? | Turner; leniency promises overwhelmed free will | State; misinformation alone not enough without coercion | Confession not involuntary; factors show voluntariness. |
| Did officers’ misrepresentations about sentences render the confession involuntary? | Turner; deception about lesser sentence in felony murder | State; misrepresentation but not controlling, totality governs | Misrepresentations did not overcome Turner’s will; confession voluntary. |
Key Cases Cited
- State v. Landis, 281 Neb. 139 (2011) (two-part review; historical facts v. constitutional standards)
- State v. Eagle Bull, 285 Neb. 369 (2013) (deception and totality of circumstances in voluntariness)
- State v. Thomas, 267 Neb. 339 (2004) (deceptive sentencing statements; factors to analyze voluntariness)
- State v. Rogers, 277 Neb. 37 (2009) (abrogation referenced in Thomas discussion)
- State v. Ray, 266 Neb. 659 (2003) (sentencing and voluntariness considerations)
- State v. Martin, 243 Neb. 368 (1993) (precedent on admissibility of confessions)
