GUILTY NE - Sydney Loofe, 24, brutally murdered, Lincoln, 15 Nov 2017 #4 *Boswell appeal 2023*

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JerseyGirl said:
The court has yet to make a ruling on another motion filed by Trail in September to grant him a new trial.

Bailey Boswell is scheduled for a First Degree Murder trial in March, after a change of venue request was granted. The trial will be held in Lexington.

Judge denies Aubrey Trail's death penalty challenge
Click to expand...
It’s taking forever for Bailey to go to trial. Praying for
#justiceforsydney and sending love and prayers to her family.
 
And for the 3 panel judge to come to a sentencing for Trail....

impatient1.gif


Hopefully now that the Judge has ruled against his death penalty motion, it will happen soon!
 
Wednesday, Dece,ber 4th:
*Motion Hearing (re new trial) (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017 in Edgar, east of Clay Center) – only for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains (plead guilty to this charge 6/18/19) & charged (3/1/19) with conspiracy to commit murder. Plead not guilty. No bond. DA will seek DP.
Trial started 6/17/19 with jury selection. Trial started on 6/18/19 & runs thru 7/8/19. Jurors: 7 women & 5 men, with 3 women alternates. One juror was excused for family emergency on 6/28/19 (no gender available). Jurors could be 8 women & 4 men. Now 2 women alternates. Jurors deliberating for about 2 ½ hours & found Trail GUILTY of all charges.
Court info & Trial info from Day 1-14 (6/11/19 to 7/10/19) reference post #286 here:
GUILTY - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 - #4
7/11/19 Day 15: Trail has waived his right to have a jury hear the aggravation phase of his trial, meaning a 3-judge panel will hear it instead at a later date this year. The court accepts this offer. The jury has been excused from the panel. Judge Vicky Johnson & two other judges will deliberate if this case is heinous enough for a death sentence. The alternative: life in prison.
7/16/19 Update: Defense files motion for new trial. 8/7/19: Motion hearing on new trial on 9/11.
9/11/19 Update: Defense filed a request for a new trial on Wednesday. Defense also filed another motion on Wednesday, seeking to rule Nebraska’s death penalty unconstitutional because “it permits judges, not juries, to make factual findings necessary to impose death sentences.” The state has until Sept. 20 to submit a brief on the motion.
11/1/19 Update: A District Court Judge on Friday denied a motion filed by Aubrey Trail’s attorney to find Nebraska’s death penalty unconstitutional. The court has yet to make a ruling on another motion filed by Trail in September to grant him a new trial. Next motions hearing on 12/4.
*Bailey M. Boswell (23) – Motion hearing on 1/16/20. Trial starts 3/16/20.
 
State seeks to supplement record over how Aubrey Trail got razor he used to slash his throat

State prosecutors have asked a judge to allow them to supplement the record in Aubrey Trail’s case with evidence detailing the facts and circumstances into how he got the razor he used to slash at his neck in front of the jury last summer.
[.....]
It’s at issue because Trail’s defense attorneys, Joe and Ben Murray, have sought a new trial based, in part, on Saline County District Judge Vicky Johnson's denial of a mistrial over the shocking courtroom incident.
[.....]
At a brief hearing Wednesday, Johnson granted the state’s motion to submit depositions from the county sheriff and jailers under seal rather than through live testimony due to Guinan’s concerns about making the method public.

Johnson must rule on the defense motion for a new trial before Trail’s case would move on to the three-judge panel that would weigh evidence about aggravating and mitigating circumstances to determine if Trail should get a death sentence.


and of course, no further court dates in article. And just looked at the court site, no future court dates listed. I'll keep my eye out on the court site.
 
Niner said:
and of course, no further court dates in article. And just looked at the court site, no future court dates listed. I'll keep my eye out on the court site.
Click to expand...

State argues against new trial for Aubrey Trail, submits evidence outburst was planned

The judge has taken the matter under advisement, and a hearing to go over evidence and depositions is tentatively set for Dec. 31.

Trail, who was convicted on charges of first-degree murder and conspiracy to commit murder, is also facing the death penalty.

According to Trail’s defense team, it is unlikely any death penalty hearings move forward until the request for a new trial has been resolved.
 
This WAS on the court site when I looked back in early December-but it has now disappeared.... so maybe it will not happen - but I'll put this here anyway! :)


Tuesday, December 31st:
*Motion Hearing (re new trial) (@ 9am CT) - NE - Sydney Loofe (24) (Nov. 15, 2017, Lincoln; found Dec. 4 & 5, 2017 in Edgar, east of Clay Center) – for *Aubrey C. Trail (51) charged & indicted (6/11/18) & arraigned (7/13/18) with 1st degree murder & improper disposal of human remains (plead guilty to this charge 6/18/19) & charged (3/1/19) with conspiracy to commit murder. Plead not guilty. No bond. DA will seek DP.
Trial started 6/17/19 with jury selection. Trial started on 6/18/19 & runs thru 7/8/19. Jurors: 7 women & 5 men, with 3 women alternates. One juror was excused for family emergency on 6/28/19 (no gender available). Jurors could be 8 women & 4 men. Now 2 women alternates. Jurors deliberating for about 2 ½ hours & found Trail GUILTY of all charges.
Court info & Trial info from Day 1-14 (6/11/19 to 7/10/19) & thru 9/11/19 reference post #404 here:
Found Deceased - NE - Sydney Loofe, 24, Lincoln, 15 Nov 2017 *Aubrey Trail GUILTY* #4
11/1/19 Update: A District Court Judge on Friday denied a motion filed by Aubrey Trail’s attorney to find Nebraska’s death penalty unconstitutional. The court has yet to make a ruling on another motion filed by Trail in September to grant him a new trial. Next motions hearing on 12/4.
12/4/19 Update: Saline County District Judge Vicky Johnson granted the State’s motion to submit depositions from the county sheriff & jailers under seal rather than through live testimony due to Guinan’s concerns about making the method public. Johnson must rule on the defense motion for a new trial before Trail’s case would move on to the three-judge panel that would weigh evidence about aggravating & mitigating circumstances to determine if Trail should get a death sentence. The judge has taken the matter under advisement, and a hearing to go over evidence and depositions is tentatively set for Dec. 31. According to Trail’s defense team, it is unlikely any death penalty hearings move forward until the request for a new trial has been resolved.
*Bailey M. Boswell (23) – Motion hearing on 1/16/20. Trial starts 3/16/20.
 
Judge denies new trial for man in Sydney Loofe death

WILBER, Neb. (AP) – A man convicted of killing a 24-year-old Lincoln woman won’t get a new trial.
[.....]
One reason Trail’s attorney gave for seeking a new trial was that his client slashed his own throat in the courtroom.

In rejecting a request for a mistrial after the verdict, the judge said a defendant can’t cause his own mistrial. The same judge echoed that decision Monday in rejecting Trail’s bid for a new trial.
 
JerseyGirl said:
A motion has also been filed on Trail’s behalf to declare the death penalty unconstitutional. If that plea is overruled as well, the case will proceed to a three-judge panel who will decide if Trail will receive the death penalty.

Aubrey Trail's request for new trial denied
Click to expand...

Already ruled on - per my notes:

11/1/19 Update: A District Court Judge on Friday denied a motion filed by Aubrey Trail’s attorney to find Nebraska’s death penalty unconstitutional. The court has yet to make a ruling on another motion filed by Trail in September to grant him a new trial. Next motions hearing on 12/4.
 
https://ktiv.com/2020/01/02/woman-a...ebraska-woman-has-one-of-her-charges-dropped/


NEBRASKA (KTIV) -- A woman accused of killing a 24-year-old Neligh, Nebraska-native in 2017 has had one of her charges dropped.

Bailey Boswell faces three charges including first-degree murder in the 2017 death of Sydney Loofe.

A charge of "criminal conspiracy to commit first-degree murder" was dismissed after a judge determined prosecutors were not specific on certain acts on that count.

The charge can be re-instated with the additions by January 10th. Her trial is set to begin March 16th in Douglas County.


Boswell's next hearing is on 1/6
 
CORRECTION - it won't let me edit the above post - her next hearing is 1/16/20 NOT the 6th. WS is hanging... must be cause everyone is on and waiting for Sievers sentencing....
 
Aubrey Trail says he's ready to die, but wants one of the judges deciding his fate disqualified

January 08, 2020

LINCOLN — Convicted murderer Aubrey Trail says he’s ready to be executed “in a timely fashion” for his crime.

But meanwhile, he is seeking to disqualify a judge from deciding whether he deserves the death penalty or life in prison.
[.....]
Last week, a three-judge panel was appointed to determine if his crime qualifies for the death penalty, or if he deserves the only other sentence available, life in prison.

Murray’s motion said that Smith, a former Johnson County attorney and general counsel for the Nebraska Department of Corrections, drafted the state’s execution protocol while she worked for Corrections from 2015 to 2017.
[.....]
A hearing on the motion to dismiss the judge had not been scheduled as of Wednesday.


and there is nothing yet on the court site.
 
Judge denies Court TV's request to air Bailey Boswell trial live

January 11, 2020
Saline County District Judge Vicky Johnson on Friday denied the request, ruling to block any “instantaneous” coverage, as well as live-tweeting or blogging, by the media to reduce “security concerns” and help ensure a fair trial.
[.....]
Boswell’s trial will begin March 16 in Lexington, where proceedings were moved because of the extensive media coverage last summer of the trial of her boyfriend, Aubrey Trail. He was found guilty of first-degree murder and conspiracy to commit murder, and he pleaded guilty to improper disposal of human remains.
[.....]
Judge Johnson, in her order Friday, approved the photographing and videotaping of Boswell’s trial, but only for the purpose of recording and reporting later about court proceedings.

Nebraska allows cameras in the courtroom, but only upon approval by a judge of an “expanded media” request.


Well - at least we can see it after the fact....
 
Looks like Boswell's motion hearing has been moved to tomorrow & Trail finally has some court hearing dates!

Boswell:

Name Court Date Time Rm # Hearing Type Caption Case ID
Boswell,Bailey,M 01/17/2020 9:00AM
01
Motions State v. Bailey M Boswell CR180000041

link: Multi-Court Case Calendar


Trail:

Name Court Date Time Rm # Hearing Type Caption Case ID
Trail,Aubrey,C 01/23/2020 8:00AM
01
Motion to Recuse State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/23/2020 9:00AM
01
Aggravation and Mitigation State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/24/2020 9:00AM
01
Aggravation and Mitigation State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/25/2020 9:00AM
01
Aggravation and Mitigation State v. Aubrey C Trail CR180000037
Trail,Aubrey,C 06/26/2020 9:00AM
01
Aggravation and Mitigation State v. Aubrey C Trail CR180000037



link: Multi-Court Case Calendar
 
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