S-23-0225 State of Nebraska (Appellee) v. Bernard R. Turner (Appellant)
Appeal from District Court for Douglas County, Judge J. Russell Derr
Attorneys: Steven M. Delaney and Megan E. Shupe (Reagan, Melton & Delaney, L.L.P. for Appellant) and P. Christian Adamski (Asst. Attorney General for Appellee).
Criminal: Life Imprisonment
Proceedings below: A jury found Appellant guilty of First-Degree Murder, and the district court sentenced him to life in prison. Life imprisonment cases are direct appeals to the Supreme Court.
Issues: Appellant makes the following assignments of error: 1) The evidence presented at trial lacks the probative value to sustain a guilty verdict because no rational trier of fact should have found the Appellant guilty of First-Degree Murder; 2) The District Court erred by allowing the State to continue trial based on evidence in the possession of the Omaha Police Department but not provided or examined until the week prior to the original trial date; 3) Trial counsel’s performance was deficient for failing to zealously advocate for Bernard Turner, but for that deficient performance, the result of the proceeding below would have been different; and 4) Trial counsel’s performance was deficient for failing to present an adequate defense, but for that deficient performance, the result of the proceeding below would have been different.