Nebraska Supreme Court Decisions

Browse Opinions From the Nebraska Supreme Court


Recent Decisions From the Nebraska Supreme Court

In re Conservatorship of Abbott  
Date: January 13, 2017
Citation: 295 Neb. 510
Docket Number: S-15-967, S-16-040

Justia Opinion Summary: This appeal arose from two consolidated appeals from proceedings in the county court. The first appeal was from the court’s final order appointing a conservator for Marcia Abbott, and the second was from the court’s orde...

In re Guardianship & Conservatorship of Kaiser  
Date: January 13, 2017
Citation: 295 Neb. 532
Docket Number: S-16-219

Justia Opinion Summary: After Loyola Kaiser’s husband, Albert Kaiser, died, Heartland Trust Company, as Loyola’s conservator, filed an application in the county court seeking authority to file the elective share it argued was due to Loyola as A...

State v. Castaneda  
Date: January 13, 2017
Citation: 295 Neb. 547
Docket Number: S-16-273

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first degree felony murder and other crimes. Appellant was sentenced to life imprisonment for each first degree murder. The Supreme Court vacated Appellant’s l...

State v. Cerritos-Valdez  
Date: January 13, 2017
Citation: 295 Neb. 563
Docket Number: S-16-314

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to attempted possession of a controlled substance and driving under the influence. The district court sentenced Defendant to two jail sentences, to be served consecutiv...

State v. Chauncey  
Date: January 6, 2017
Citation: 295 Neb. 453
Docket Number: S-15-405

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional child abuse resulting in death. Defendant was sentenced to imprisonment for eighty years to life. Defendant appealed, assigning numerous errors addressed to the...

State v. Arizola  
Date: January 6, 2017
Citation: 295 Neb. 477
Docket Number: S-16-077

Justia Opinion Summary: After a bench trial on stipulated facts, Defendant was found guilty of refusal of a chemical test in violation of Neb. Rev. Stat. 60-6,197. Defendant appealed, arguing, primarily, that the trial court erred in denying hi...

State v. Baxter  
Date: January 6, 2017
Citation: 295 Neb. 496
Docket Number: S-16-237

Justia Opinion Summary: Defendant pled no contest to possession of a controlled substance and unlawful acts relating to drugs. After a sentencing hearing, the district court found that Defendant was not a suitable candidate for probation and th...

Millard Gutter Co. v. Farm Bureau Property & Casualty Insurance Co.  
Date: December 30, 2016
Citation: 295 Neb. 419
Docket Number: S-15-912

Justia Opinion Summary: Farm Bureau Property & Casualty Insurance Company issued a homeowner’s insurance policy to Howard Hunter that prohibited an assignment of “[a]ll rights and duties” without Farm Bureau’s consent. After a storm damaged the...

State v. Garza  
Date: December 30, 2016
Citation: 295 Neb. 434
Docket Number: S-16-231

Justia Opinion Summary: In 2001, Appellant was convicted of first degree murder and use of a firearm during the commission of a felony. Appellant was sixteen years old when he committed the crimes leading to his convictions. Appellant was sente...

In re Adoption of Chase T.  
Date: December 23, 2016
Citation: 295 Neb. 390
Docket Number: S-15-1145

Justia Opinion Summary: Lindsay and Jennifer were involved in a committed relationship for several years but were never married. During their relationship, Lindsday gave birth to a son conceived by artificial insemination using an anonymous don...

Sanders v. Frakes  
Date: December 23, 2016
Citation: 295 Neb. 374
Docket Number: S-15-898

Justia Opinion Summary: At issue in this case was whether a facial challenge to the constitutionality of a statute underlying a judgment is permitted in a habeas corpus proceeding after the judgment becomes final. In 2011, Petitioner was convic...

State v. Marrs  
Date: December 23, 2016
Citation: 295 Neb. 399
Docket Number: S-16-192

Justia Opinion Summary: Defendant was convicted of second degree murder. The Supreme Court affirmed Defendant’s conviction on direct appeal. In 2009, Defendant filed a motion under the DNA Testing Act for retesting of biological material relate...

State v. Mantich  
Date: December 23, 2016
Citation: 295 Neb. 407
Docket Number: S-16-221

Justia Opinion Summary: In 1994, Defendant was convicted of first degree murder and use of a weapon to commit a felony. Defendant was fifteen years old at the time of the commission of the acts leading to his convictions. Defendant was sentence...

In re Estate of Balvin  
Date: December 16, 2016
Citation: 295 Neb. 346
Docket Number: S-15-1033

Justia Opinion Summary: The dispute at the center of this case concerned an intestate estate. On appeal, one of the decedent’s two children argued that the county court erred in (1) approving the final accounting and ordering distribution accor...

In re Estate of Evertson  
Date: December 16, 2016
Citation: 295 Neb. 301
Docket Number: S-15-104

Justia Opinion Summary: Bruce Evertson was killed in a two-vehicle accident during the course and scope of his employment. Bruce’s estate filed a wrongful death claim against the insurer of the other driver. The county court accepted a settleme...

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