State v. Redmond

Following the fatal shooting of Mark B. Clinton — a maintenance worker at the Kimball County Courthouse — Steven Redmond was charged with first degree murder. The killing took place before our decision in State v. Burlison, 255 Neb. 190, 583 N.W.2d 31 (1998), which held that malice was not an essential element of second degree murder and which overruled previous cases that held otherwise. While Redmond’s case was pending, Burlison was decided. Following a bench trial, the district court made a factual finding that the State had failed to prove premeditated malice. The district court then…