Monday, January 15, 2007
Follow up on a Follow up: While the Nebraska Supreme Court discovers a reason to reverse a drug dealers conviction due to the STate's defaulted Leon defense, it clarifies the mandate to allow a retrial State v. Tompkins, 272 Neb. 865 Filed January 12, 2007. No. S-05-212.Supplemental Opinion "The evidence, including that erroneously received, was sufficient to sustain the conviction. Accordingly, Tompkins' convictions should be reversed and he may be given a new trial at which the evidence obtained through the defective search warrant shall not be admissible. See Lockhart v. Nelson, 488 U.S. 33, 109 S. Ct. 285, 102 L. Ed. 2d 265 (1988). See, also, State v. Allen, 269 Neb. 69, 690 N.W.2d 582 (2005); State v. Sheets, 260 Neb. 325, 618 N.W.2d 117 (2000), overruled on other grounds, Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004). We therefore reverse the judgment of the Court of Appeals and remand the cause to that court with directions to reverse the judgment of the district court and remand the cause to that court for a new trial consistent with this opinion."