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State v. Turner
847 N.W.2d 69
Neb.
2014
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Background

  • 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)
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Case Details

Case Name: State v. Turner
Court Name: Nebraska Supreme Court
Date Published: May 30, 2014
Citation: 847 N.W.2d 69
Docket Number: S-13-846
Court Abbreviation: Neb.