State v. Rezac
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Karsen H. Rezac was involved in a vehicular collision on December 23, 2022, in Lincoln, Nebraska, which resulted in the shooting death of Kupo Mleya. Rezac, who was identified as a suspect based on vehicle debris and witness reports, admitted to firing shots at Mleya's vehicle after the collision. Rezac was charged with second-degree murder and use of a firearm to commit a felony. He later pled no contest to second-degree murder as part of a plea agreement, and the firearm charge was dropped.
The district court for Lancaster County, Nebraska, denied Rezac's motion to continue his sentencing hearing, which he requested to allow more time to gather and review his mental health records. The court proceeded with the sentencing, considering the presentence investigation report and supplemental items. Rezac was sentenced to 60 years to life imprisonment. Rezac appealed, arguing that the court abused its discretion in denying the continuance and imposing an excessive sentence, and that his trial counsel was ineffective in several respects.
The Nebraska Supreme Court reviewed the case and found that Rezac forfeited his argument regarding the denial of the continuance by failing to raise the issue at the sentencing hearing. The court also found no abuse of discretion in the sentencing, as the district court had considered the relevant mitigating factors. The court rejected Rezac's claims of ineffective assistance of counsel related to the failure to move to suppress his statement to law enforcement and the failure to explain the penalties for second-degree murder, finding that the record refuted these claims.
However, the court found the record insufficient to address Rezac's claims that his trial counsel was ineffective for advising him that self-defense was not a viable argument, failing to explain the difference between second-degree murder and involuntary manslaughter, and failing to provide his mental health records to probation or the court. The court affirmed Rezac's conviction and sentence but noted that these claims of ineffective assistance of counsel could not be resolved on direct appeal due to the insufficient record.
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