Man sentenced to life in Sidney case appeals to Supreme Court

A man sentenced to life in prison for the 2012 shooting death of a Sidney woman is appealing his conviction to the Nebraska Supreme Court.

Larry Martinez, 57, was was convicted following a jury trial and sentenced to life imprisonment consecutive to 10-50 years. The sentence came last September on convictions of 1st Degree Murder and Use of a Firearm to Commit a Felony.

In July, 2012 Martinez shot Mandy Kershman over a text message that she sent him. Martinez was found guilty by a Cheyenne County jury.

A motion to suppress has been filed and the appeal will go before the high court in October. Seven issue are cited in the appeal.

Sandy Allen with the Nebraska Attorney Generals Office, explaining legal terms for the Sun-Telegraph, said several issues will be brought fourth in oral arguments for the appeal.

Allen explained the first main issue alledged in the appeal cites a Nebraska State Statute that those with civil disabilities must have a interpreter present when taking statements.

Allen said Martinez does have a hearing disability. As a result, the defense in the 2012 trial attempted to get his statements suppressed but were overruled. The defense is appealing this decision.

The second main issue in the appeal is Martinez' competency. Allen explained a question of Martinez' competency was alleged in the 2012 trial and before sentencing Martinez did undergo evaluation, where he was deemed competent.

However defense attorneys cite in the appeal that "the trial court erred in finding Appellant competent to stand trial; doing so violates his substantive due process rights under the 5th and 14th Amendments of the United States Constitution."

Oral arguments will go before the Nebraska Supreme Court on Oct. 4 at 9 a.m.