State v. Savage - supplemental opinion , 302 Neb. 492 ( 2019 )


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  • Nebraska Supreme Court Online Library
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    04/12/2019 12:06 AM CDT
    - 492 -
    Nebraska Supreme Court A dvance Sheets
    302 Nebraska R eports
    STATE v. SAVAGE
    Cite as 
    302 Neb. 492
    State of Nebraska, appellee, v.
    Courtney J. Savage, appellant.
    ___ N.W.2d ___
    Filed March 15, 2019.    No. S-17-1166.
    supplemental opinion
    Appeal from the District Court for Lancaster County: Susan
    I. Strong, Judge. Supplemental opinion: Former opinion modi-
    fied. Motion for rehearing overruled.
    Darik J. Von Loh, of Hernandez Frantz, Von Loh, appellant.
    Douglas J. Peterson, Attorney General, and Austin N. Relph
    for appellee.
    Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
    Papik, and Freudenberg, JJ.
    Per Curiam.
    This case is before us on a motion for rehearing filed by the
    appellant, Courtney J. Savage, concerning our opinion in State
    v. Savage, 
    301 Neb. 873
    , 
    920 N.W.2d 692
    (2018). We overrule
    the motion, but we modify the opinion as follows:
    In the subsection “(a) Authentication,” after the fourth
    sentence of the fourth paragraph, we insert the following
    language:
    As for Savage’s contention that the State did not properly
    authenticate messages sent to him by others, we again
    disagree. The State was required only to introduce testi-
    mony sufficient to establish that the evidence was what
    - 493 -
    Nebraska Supreme Court A dvance Sheets
    302 Nebraska R eports
    STATE v. SAVAGE
    Cite as 
    302 Neb. 492
    the State claimed it to be. The State did not claim that
    messages sent by others were anything more than mes-
    sages sent to Savage’s cell phone. See State v. Elseman,
    
    287 Neb. 134
    , 
    841 N.W.2d 225
    (2014).
    
    Savage, 301 Neb. at 885
    , 920 N.W.2d at 703.
    In subsection “(b) Hearsay,” following the second to the last
    paragraph, we insert the following paragraph:
    We also reject Savage’s argument that text messages
    sent to his cell phone by unidentified individuals contained
    inadmissible hearsay. Hearsay is “a statement, other than
    one made by the declarant while testifying at the trial or
    hearing, offered in evidence to prove the truth of the mat-
    ter asserted.” Neb. Rev. Stat. § 27-801(3) (Reissue 2016).
    Messages sent to Savage’s cell phone were not offered
    for the truth of the matters asserted. They were offered to
    prove that the statements were made.
    
    Savage, 301 Neb. at 887
    , 920 N.W.2d at 704.
    The remainder of the opinion shall remain unmodified.
    Former opinion modified.
    Motion for rehearing overruled.
    

Document Info

Docket Number: S-17-1166

Citation Numbers: 302 Neb. 492

Filed Date: 3/15/2019

Precedential Status: Precedential

Modified Date: 4/19/2019