A 67-year-old Scottsbluff man serving a life prison sentence for a December, 2016 murder at the R.C. Scot Apartments has lost his appeal to the Nebraska Supreme Court.
In 2018, Lucio Munoz was sentenced to life in prison for 1st Degree Murder for the stabbing death of Melissa May. He also received 20 to 40 years for use of a weapon to commit a felony.
Munoz filed an appeal heard by the Nebraska Supreme Court, arguing that their was prosecutorial misconduct in the opening statements of his trial, and also alleged several assignments of error- including counsel ineffectiveness.
On Friday, the high court returned their opinion in the case, and found no plain error with prosecutor’s opening statement or a witnesses invocation of Fifth Amendment privilege in the jury’s presence.
The Supreme Court also said in regards to Munoz’ claims of ineffective assistance of trial counsel, they conclude that the record
on appeal shows the claims to be without merit.
The Supreme Court concluded that they affirm the judgment and conviction of the district court. Munoz will remain at the Nebraska State Penitentiary serving out his life sentence.