Nebraska Supreme Court Decisions 2019
Date: December 20, 2019
Citation: 304 Neb. 675
Docket Number: S-18-543
Justia Opinion Summary: The Supreme Court sustained the State's exception to the order of the district court dismissing the State's appeal in this criminal case, holding that the county court erred in directing a verdict in favor of Defendant…
Date: December 20, 2019
Citation: 304 Neb. 693
Docket Number: S-19-008
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences, holding that the district court did not err when it rejected each of Defendant's contentions regarding his…
Date: December 20, 2019
Citation: 304 Neb. 711
Docket Number: S-19-060
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motions for DNA testing and appointment of counsel, holding that the district court did not abuse its discretion by denying the motions…
Date: December 13, 2019
Citation: 304 Neb. 649
Docket Number: S-18-948
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree sexual assault, holding that there was no error in the proceedings below. Defendant was eighteen years old when he had…
Date: December 6, 2019
Citation: 304 Neb. 605
Docket Number: S-18-1018
Justia Opinion Summary: The Supreme Court reversed the order of the Workers' Compensation Court ordering Jack's Supper Club and its workers' compensation carrier (collectively, JSC) to reimburse Sheryl Rogers for medical expenses she incurred,…
Date: December 6, 2019
Citation: 304 Neb. 593
Docket Number: S-18-924
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the City of Kimball's motion to dismiss Appellant's complaint alleging that the City was negligent for failing to supervised its employee, holding…
Date: December 6, 2019
Citation: 304 Neb. 619
Docket Number: S-19-128
Justia Opinion Summary: The Supreme Court affirmed the decision of the Workers' Compensation Court awarding temporary total disability and attorney fees to Suzy Fentress, holding that the compensation court did not err. Fentress received a…
Date: December 6, 2019
Citation: 304 Neb. 638
Docket Number: S-19-305
Justia Opinion Summary: The Supreme Court affirmed the ruling of the Tax Equalization and Review Commission (TERC), which reduced the county's $16.3 million valuation of commercial real estate used as an ethanol plant to $7.3 million based upon…
Date: November 22, 2019
Citation: 304 Neb. 511
Docket Number: S-17-773
Date: November 22, 2019
Citation: 304 Neb. 580
Docket Numbers: S-18-1130, S-18-1135
Justia Opinion Summary: The Supreme Court affirmed the orders of the juvenile court placing Giavonni P. At the Lincoln Regional Center (LRC), holding that the juvenile court had the authority to place Giavonni at the LRC on a specific date or…
Date: November 15, 2019
Citation: 304 Neb. 450
Docket Numbers: S-18-670, S-18-671
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendants in two actions brought under Nebraska's Uniform Fraudulent Transfer Act (UFTA), Neb. Rev. Stat. 36-701 to 36-712, but reversed the…
Date: November 15, 2019
Citation: 304 Neb. 488
Docket Number: S-18-849
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court in this action alleging breach of contract, conversion, and tortious interference with a business relationship of expectation, holding that Plaintiff lacked…
Date: November 15, 2019
Citation: 304 Neb. 498
Docket Number: S-19-061
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of criminal conspiracy to distribute crack cocaine, holding that the district court did not err in overruling Defendant's motion to suppress and that Defendant was not…
Date: November 8, 2019
Citation: 304 Neb. 441
Docket Number: S-18-1181
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of attempted possession of a burglar's tools and sentence of one year in jail with credit for twenty-three days served, holding that there was no abuse of discretion in…
Date: November 8, 2019
Citation: 304 Neb. 402
Docket Number: S-18-665
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for four counts of first degree sexual assault, holding that Defendant was not entitled to relief on his claims of error. Specifically, the Supreme Court…
Date: November 1, 2019
Citation: 304 Neb. 356
Docket Number: S-17-1116
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court's determinations that a portion of Husband's 401K and proceeds from an inheritance constituted nonmarital property, holding…
Date: November 1, 2019
Citation: 304 Neb. 395
Docket Number: S-18-1196
Justia Opinion Summary: The Supreme Court dismissed Appellant's appeal of the district court's judgment revoking Appellant's post release supervision and ordering that he serve the entirety of the time remaining on his post release supervision…
Date: November 1, 2019
Citation: 304 Neb. 369
Docket Number: S-18-500
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, holding that the district court did not abuse its discretion in admitting DNA analysis conducted by using TrueAllele probabilistic genotyping…
Date: October 25, 2019
Citation: 304 Neb. 323
Docket Number: S-17-1123
Date: October 25, 2019
Citation: 304 Neb. 346
Docket Number: S-18-1020
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion to revive a judgment she obtained against Appellee more than two decades ago after Appellee stopped making payments, holding…
Date: October 25, 2019
Citation: 304 Neb. 326
Docket Number: S-18-740
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's second amended motion for postconviction relief without holding an evidentiary hearing, holding that Appellant was not entitled to…
Date: October 18, 2019
Citation: 304 Neb. 312
Docket Number: S-18-1069
Justia Opinion Summary: In this action for negligence and premises liability the Supreme Court affirmed the judgment of the district court entering summary judgment in favor of Defendant, holding that there was no evidence from which a…
Date: October 18, 2019
Citation: 304 Neb. 287
Docket Number: S-18-569
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs' action asking that the Nebraska Department of Correctional Services' (DCS) "Execution Protocol" be declared void and that DCS be…
Date: October 18, 2019
Citation: 304 Neb. 302
Docket Number: S-18-908
Justia Opinion Summary: In this case disputing grandparent visitation the Supreme Court affirmed the district court's dismissal of Grandfather's civil contempt proceeding but vacated the court's order modifying the decree for grandparent…
Date: October 11, 2019
Citation: 304 Neb. 219
Docket Number: S-17-1024
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the court of appeals' decision reducing Terry Bortolotti's weekly income benefit awarded by the workers' compensation court from the maximum to the minimum and…
Date: October 11, 2019
Citation: 304 Neb. 239
Docket Number: S-18-675
Justia Opinion Summary: The Supreme Court reversed the termination of Mother's parental rights to one, but not both, of her minor children, holding that the indistinguishable progress made by Mother with both children did not support a…
Date: October 11, 2019
Citation: 304 Neb. 252
Docket Number: S-18-702
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of two counts of sexual assault of a child in the first degree and one count each of attempted sexual assault of a child in the first…
Date: October 4, 2019
Citation: 304 Neb. 147
Docket Number: S-17-1262
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief, holding that that district court did not err in denying Defendant's postconviction claims without an…
Date: October 4, 2019
Citation: 304 Neb. 212
Docket Number: S-18-1125
Justia Opinion Summary: The Supreme Court dismissed Appellant's appeal from the district court's denial of Appellant's motion requesting that the court vacate its order dismissing Appellant's petition for renewal of a domestic abuse protection…
Date: October 4, 2019
Citation: 304 Neb. 186
Docket Number: S-18-847
Justia Opinion Summary: In this case brought by a patient against his doctors the Supreme Court affirmed the judgment of the trial denying Defendants' motions for directed verdict, holding that Defendants waived any error in the court's denial…
Date: October 4, 2019
Citation: 304 Neb. 205
Docket Number: S-18-863
Justia Opinion Summary: The Supreme Court reversed the decision of the county court on an application for direction that found money Sheila Radford gave Mary Radford prior to Sheila's death was an ademption of Mary's interest in Sheila's trust,…
Date: September 27, 2019
Citation: 304 Neb. 140
Docket Numbers: S-18-1100, S-18-1110
Justia Opinion Summary: The Supreme Court vacated the district court's appointment of four members to the board of directors of The Stueven Charitable Foundation, holding that the district court lacked the authority to appoint new…
Date: September 27, 2019
Citation: 304 Neb. 96
Docket Numbers: S-18-392, S-18-342
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of knowing and intentional child abuse resulting in death and prison sentence of fifty-five to seventy-five years in prison, holding that there was no merit to any of…
Date: September 27, 2019
Citation: 304 Neb. 133
Docket Number: S-18-971
Justia Opinion Summary: The Supreme Court affirmed the district court's order dismissing Defendant's motion for postconviction relief after an evidentiary hearing, holding that Defendant's postconviction motion was time barred. In his…
Date: September 20, 2019
Citation: 304 Neb. 82
Docket Number: S-18-1105
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and probationary sentence for possession of a controlled substance, holding that the district court did not err when it failed to grant Defendant's motion to suppress…
Date: September 20, 2019
Citation: 304 Neb. 74
Docket Number: S-18-925
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of leaving the scene of an injury accident, holding that the district court did not err in failing to give Defendant's requested instruction regarding the choice of evils…
Date: September 13, 2019
Citation: 304 Neb. 33
Docket Number: S-18-025
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that there was no merit to…
Date: September 13, 2019
Citation: 304 Neb. 66
Docket Number: S-18-1107
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant's conviction of misdemeanor driving under the influence (DUI), holding that Defendant's allegations of error were without merit. On…
Date: September 6, 2019
Citation: 304 Neb. 1
Docket Number: S-17-846
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the county court declining to terminate the guardianship of Child or to grant Mother visitation, holding that the county court's…
Date: September 6, 2019
Citation: 304 Neb. 21
Docket Number: S-18-936
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to probation and imposing various terms of probation in connection with Defendant's plea of guilty to driving under the influence, second…
Date: August 30, 2019
Citation: 303 Neb. 933
Docket Number: S-17-1210
Justia Opinion Summary: In this paternity action, the Supreme Court held that a blanket rule disfavoring joint physical custody is inconsistent with the Parenting Act, Neb. Rev. Stat. 43-2920 to 43-2943, which requires that all determinations…
Date: August 30, 2019
Citation: 303 Neb. 964
Docket Number: S-18-220
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for electronically offering to perform oral sex upon a police decoy portraying a fourteen-year-old girl, holding that the district court did not abuse its discretion in…
Date: August 23, 2019
Citation: 303 Neb. 872
Docket Number: S-17-1331
Justia Opinion Summary: The Supreme Court affirmed the Public Service Commission's (PSC) grant of an application filed by TransCanada Keystone Pipeline, LP for approval of a major oil pipeline route and eminent domain authority and finding that…
Date: August 23, 2019
Citation: 303 Neb. 931
Docket Number: S-18-744
Date: August 9, 2019
Citation: 303 Neb. 855
Docket Number: S-18-719
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellants' claims of defamation and product disparagement under Nebraska's Uniform Deceptive Trade Practices Act (UDTPA), Neb. Rev. Stat. 87-301…
Date: August 2, 2019
Citation: 303 Neb. 844
Docket Number: S-18-1104
Justia Opinion Summary: The Supreme Court affirmed the ruling of the district court overruling Defendant's motion for discharge on statutory and constitutional speedy trial grounds, holding that the district court did not err in finding that…
Date: August 2, 2019
Citation: 303 Neb. 817
Docket Number: S-18-711
Justia Opinion Summary: The Supreme Court affirmed the order of the county court construing Joan Jane Barger's will, holding that the court did not err. In this contest between family members over the decedent's will, the Supreme Court held…
Date: July 26, 2019
Citation: 303 Neb. 799
Docket Number: S-18-1011
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction of driving under the influence with a blood alcohol concentration of .15 or higher, first offense, holding that, assuming a…
Date: July 26, 2019
Citation: 303 Neb. 762
Docket Number: S-18-640
Date: July 26, 2019
Citation: 303 Neb. 765
Docket Number: S-18-834
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment for the City of Scottsbluff, Nebraska and dismissing Plaintiff's claim of discrimination and retaliation under the Nebraska Fair…
Date: July 26, 2019
Citation: 303 Neb. 784
Docket Number: S-18-899
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Plaintiffs did not sustain their claim to quiet title by adverse possession to a six-foot tract of land owned by Defendants, abutting landowners,…
Date: July 19, 2019
Citation: 303 Neb. 676
Docket Numbers: S-17-577, S-17-657
Justia Opinion Summary: In these consolidated appeals, the Supreme Court affirmed the judgment of the district court finding Defendant guilty of four counts each of murder in the first degree, use of a deadly weapon to commit a felony, and…
Date: July 19, 2019
Citation: 303 Neb. 729
Docket Number: S-18-006
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court convicting Defendant for third degree assault on an officer, holding that there was no error in the jury…
Date: July 19, 2019
Citation: 303 Neb. 743
Docket Number: S-18-656
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding in favor of Defendants and dismissing Plaintiff's 42 U.S.C. 1983 action, holding that, under the doctrine set forth in Heck v. Humphrey, 512 U.S. 477…
Date: July 19, 2019
Citation: 303 Neb. 755
Docket Number: S-19-226
Date: July 12, 2019
Citation: 303 Neb. 552
Docket Number: S-17-638
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals summarily dismissing this appeal, holding that Neb. Rev. Stat. 25-1329 applies to a district court's judgment disposing of a petition in error and…
Date: July 12, 2019
Citation: 303 Neb. 581
Docket Number: S-17-782
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing Defendant's plea-based conviction for felony child abuse, holding that the court of appeals properly found that there…
Date: July 12, 2019
Citation: 303 Neb. 602
Docket Number: S-18-751
Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution entered by the district court dissolving the marriage of Marissa Blank to Caleb Blank and awarding joint legal and physical custody of the parties' two minor children,…
Date: July 12, 2019
Citation: 303 Neb. 624
Docket Number: S-18-784
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court entering judgment according to a jury verdict determining that defendant-intervenor Lehr, Inc. was entitled to possession of two disputed motor vehicles and…
Date: July 12, 2019
Citation: 303 Neb. 637
Docket Number: S-18-795
Justia Opinion Summary: In this action challenging an investigatory subpoena issued during the 105th Nebraska Legislature the Supreme Court dismissed this appeal as moot, holding that the subpoena expired at the commencement of the 106th…
Date: July 12, 2019
Citation: 303 Neb. 664
Docket Number: S-18-852
Justia Opinion Summary: The Supreme Court affirmed as modified the order of the district court modifying the parenting plan agreed to by Anne VanSkiver and Todd VanSkiver and approved by the district court, holding that the order of…
Date: July 5, 2019
Citation: 303 Neb. 494
Docket Number: S-18-191
Justia Opinion Summary: The Supreme Court affirmed in part, affirmed in part as modified, and reversed in part the decree of dissolution in this case, holding that the district court erred in calculating child support and in dividing certain…
Date: July 5, 2019
Citation: 303 Neb. 521
Docket Number: S-18-336
Justia Opinion Summary: In this lawsuit filed by the purchasers of a home against the sellers the Supreme Court reversed the judgment of the district court vacating an arbitration award entered in favor of Sellers and remanded with directions…
Date: July 5, 2019
Citation: 303 Neb. 539
Docket Number: S-18-894
Justia Opinion Summary: In this post-divorce action, the Supreme Court vacated in part and affirmed in part the order of the district court requiring Mother to bring the parties' children to Catholic Mass every weekend in which she was…
Date: June 28, 2019
Citation: 303 Neb. 430
Docket Number: S-18-262
Justia Opinion Summary: The Supreme Court affirmed the order of the county court denying the petition to remove a trustee filed by certain trust beneficiaries, holding that the beneficiaries failed to prove that the trustee's removal was not…
Date: June 28, 2019
Citation: 303 Neb. 444
Docket Number: S-18-679
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Northern Natural Gas Company's request for a declaratory judgment upholding its decision to withhold the maximum amount of liquidated damages…
Date: June 28, 2019
Citation: 303 Neb. 476
Docket Number: S-18-893
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of manufacturing a controlled substance within 1,000 feet of a school and possession of a controlled substance, holding that the lower…
Date: June 21, 2019
Citation: 303 Neb. 380
Docket Number: S-18-682
Justia Opinion Summary: The Supreme Court dismissed this appeal from civil contempt proceedings in a dissolution action, holding that a contemnor's full compliance with a purge plan rendered moot a subsequent appeal of the finding of…
Date: June 21, 2019
Citation: 303 Neb. 394
Docket Number: S-18-752
Justia Opinion Summary: After the charge against Appellant for theft by unlawful taking was dismissed the Supreme Court reversed the district court's order granting in part Appellant's motion for return of property seized from him and…
Date: June 21, 2019
Citation: 303 Neb. 404
Docket Number: S-18-775
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that Appellant's counsel did not provide ineffective…
Date: June 21, 2019
Citation: 303 Neb. 415
Docket Number: S-18-912
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences, holding that there was no merit to the assignments of error that the Court could reach on direct appeal. On appeal, Defendant argued that the district…
Date: June 14, 2019
Citation: 303 Neb. 352
Docket Numbers: S-17-1183, S-17-1321
Justia Opinion Summary: The Supreme Court vacated Defendant's sentences for manslaughter and possession of a deadly weapon by a prohibited person and remanded this matter for resentencing for those offenses, holding that there was plain error…
Date: June 7, 2019
Citation: 303 Neb. 280
Docket Number: S-18-192
Justia Opinion Summary: The Supreme Court affirmed as modified the judgment of the district court finding that Defendant owed Plaintiff $1,214,056 in unpaid profits and that Plaintiff was entitled to prejudgment interest in the amount of…
Date: June 7, 2019
Citation: 303 Neb. 318
Docket Number: S-18-234
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Ariana Bernal Sabino's request for in forma paupers status on appeal from the district court's entry of a decree dissolving her marriage to Juan…
Date: June 7, 2019
Citation: 303 Neb. 325
Docket Number: S-18-692
Justia Opinion Summary: In this negligence action brought by Plaintiff, the mother and special administrator of the estate of Chad Gesin, who committed suicide while in the Gage County jail, the Supreme Court affirmed the finding of the…
Date: June 7, 2019
Citation: 303 Neb. 345
Docket Number: S-18-717
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of first degree sexual assault of a child and one count of possession of a firearm by a prohibited person, holding that the evidence was sufficient to…
Date: May 31, 2019
Citation: 303 Neb. 257
Docket Number: S-18-747
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of delivery of a controlled substance, a class II felony, pursuant to Neb. Rev. Stat. 28-416, holding that the photographic identification of Defendant by a confidential…
Date: May 31, 2019
Citation: 303 Neb. 268
Docket Number: S-18-818
Justia Opinion Summary: The Supreme Court affirmed the domestic abuse protection order obtained by Robert M. on behalf of Bella O., holding that the trial court did not err in determining that Bella was a victim of abuse within the meaning of…
Date: May 24, 2019
Citation: 303 Neb. 172
Docket Number: S-18-603
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief following an evidentiary hearing, holding that the district court did not err in denying Appellant's motion…
Date: May 24, 2019
Citation: 303 Neb. 193
Docket Number: S-18-636
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Union Pacific Railroad Company on Plaintiff's complaint alleging that Union Pacific's negligence caused him to suffer…
Date: May 24, 2019
Citation: 303 Neb. 207
Docket Number: S-18-642
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court appointing counsel at public expense for an indigent individual who had signed a notarized acknowledgment of paternity under Neb. Rev. Stat. 43-1408.01 but…
Date: May 24, 2019
Citation: 303 Neb. 214
Docket Number: S-18-715
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the order of the Nebraska Liquor Control Commission granting Abay, LLC a Class D liquor license for its convenience store but restricting Abay from…
Date: May 24, 2019
Citation: 303 Neb. 224
Docket Number: S-18-744
Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming Defendant's conviction for driving under the influence, second offense, holding that the district court erred in affirming the conviction after…
Date: May 24, 2019
Citation: 303 Neb. 235
Docket Number: S-18-780
Justia Opinion Summary: The Supreme Court reversed the portion of the county court's decision ordering Douglas County to pay the balance of the attorney fees owed by a former guardian-conservator to the successor guardian-conservator, holding…
Date: May 24, 2019
Citation: 303 Neb. 245
Docket Number: S-18-922
Justia Opinion Summary: The Supreme Court vacated the order of the juvenile court purporting to transfer a modification proceeding back to the district court, holding that the order was beyond the juvenile court's statutory authority and…
Date: May 17, 2019
Citation: 303 Neb. 129
Docket Number: S-18-135
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of murder in the first degree, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that the district court did…
Date: May 17, 2019
Citation: 303 Neb. 146
Docket Number: S-18-214
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court upholding the decision of the City of Omaha Zoning Board of Appeals denying Appellants' request for a variance from the requirements of Omaha's zoning code…
Date: May 17, 2019
Citation: 303 Neb. 156
Docket Number: S-18-815
Justia Opinion Summary: The Supreme Court affirmed as modified the district court's entry of a judgment for the estates of Arlene L. Pantano and Anthony R. Pantano in the amount of $195,000 in this negligence case brought against American Blue…
Date: May 17, 2019
Citation: 303 Neb. 167
Docket Number: S-18-875
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to have his sentence amended to reflect credit for time served, holding that the district court did not err in denying Defendant's…
Date: May 10, 2019
Citation: 303 Neb. 69
Docket Number: S-18-050
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder and use of a deadly weapon to commit a felony, holding that there was no plain error with regard to the…
Date: May 10, 2019
Citation: 303 Neb. 85
Docket Number: S-18-179
Justia Opinion Summary: The Supreme Court affirmed the decree dissolving Appellant's marriage to Appellee, holding that the district court did not abuse its discretion in determining the valuation dates for the marital assets and in…
Date: May 10, 2019
Citation: 303 Neb. 100
Docket Number: S-18-858
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of attempted possession fo a controlled substance, a Class I misdemeanor, holding that the district court did not err or abuse its…
Date: May 10, 2019
Citation: 303 Neb. 121
Docket Number: S-18-959
Justia Opinion Summary: The Supreme Court reversed the order of the district court for Seward County denying the request sought by Jami Hollomon, the mother of a minor child, seeking to register an order by the State of Texas adjudicating…
Date: May 3, 2019
Citation: 303 Neb. 1
Docket Number: S-17-1303
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the Nebraska Department of Health and Human Services (DHHS) terminating Appellant's status as a Medicaid service provider, holding that…
Date: May 3, 2019
Citation: 303 Neb. 15
Docket Number: S-18-142
Justia Opinion Summary: The Supreme Court affirmed the district court's order granting a mortgage company's motion for summary judgment, holding that a subordination clause in a land contract for the purchase of a residence effectively…
Date: May 3, 2019
Citation: 303 Neb. 24
Docket Number: S-18-181
Justia Opinion Summary: The Supreme Court affirmed the district court's order affirming the denial of LeVeta Winslow's 2016 application for Medicaid benefits, holding that Nebraska's Department of Health and Human Services (DHHS), Division of…
Date: May 3, 2019
Citation: 303 Neb. 42
Docket Numbers: S-18-657, S-18-658
Justia Opinion Summary: The Supreme Court reversed in part the district court's order dismissing a sexual assault protection order and entering a harassment protection order in that case, holding that the entry of the harassment protection…
Date: May 3, 2019
Citation: 303 Neb. 56
Docket Number: S-18-699
Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the Nebraska Liquor Control Commission's order cancelling Appellant's liquor license, holding that the Commission and the district court disregarded…
Date: April 25, 2019
Citation: 302 Neb. 968
Docket Number: S-18-196
Justia Opinion Summary: The Supreme Court reversed the declaratory and injunction entered by the district court enjoining the City of Arapahoe, Nebraska from enforcing an ordinance against Brooke Wilkison to prohibit his retention of a pit bull…
Date: April 25, 2019
Citation: 302 Neb. 984
Docket Number: S-18-287
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court granting a company using registered trade names (Plaintiff) a permanent injunction, statutory damages, and attorney fees against a corporation using a similar…
Date: April 25, 2019
Citation: 302 Neb. 1009
Docket Number: S-18-427
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendants in this medical malpractice and loss of consortium action, holding that Plaintiffs' assignments of error were without merit and that…
Date: April 25, 2019
Citation: 302 Neb. 1025
Docket Number: S-18-648
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment in favor of Defendant on the ground that Plaintiff's cause of action was time barred by the statute of limitations for professional…
Date: April 19, 2019
Citation: 302 Neb. 892
Docket Number: S-17-1107
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court upholding the order of the Nebraska Department of Insurance determining that Mark Diamond, a licensed insurance producer, had violated three provisions of the…
Date: April 19, 2019
Citation: 302 Neb. 904
Docket Number: S-18-072
Justia Opinion Summary: The Supreme Court affirmed a decree dissolving Sharon Leners' marriage to Stacy Leners, holding that the district court did not abuse its discretion in awarding Stacy his entire pension in equitably dividing the marital…
Date: April 19, 2019
Citation: 302 Neb. 919
Docket Number: S-18-122
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion seeking post conviction relief from his conviction of third degree sexual assault of a child, second offense and sentence of fifty…
Date: April 19, 2019
Citation: 302 Neb. 931
Docket Number: S-18-372
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for first degree sexual assault, holding there was no merit to Defendant's assignments of error. On appeal, Defendant argued, among other things, that…
Date: April 19, 2019
Citation: 302 Neb. 954
Docket Number: S-18-517
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the county court accepting the resignation of the trustee for a trust fund created for the perpetual care and maintenance of the Sunset Memorial Park…
Date: April 12, 2019
Citation: 302 Neb. 833
Docket Number: S-17-1272
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court's imposition of a sentence of five years' probate with 180 days of jail time as a condition of probation for Defendant's…
Date: April 12, 2019
Citation: 302 Neb. 847
Docket Number: S-17-1278
Justia Opinion Summary: The Supreme Court affirmed the district court's decision affirming the decision of the State Personnel Board dismissing Appellant's grievance challenging her termination as a teacher at the Youth Rehabilitation and…
Date: April 12, 2019
Citation: 302 Neb. 858
Docket Number: S-18-382
Justia Opinion Summary: In this declaratory judgment action in which ex-husband (Husband) sought a declaration that he was entitled to one-half of the proceeds of a home awarded to the ex-wife (Wife) in the divorce decree and sold two years…
Date: April 12, 2019
Citation: 302 Neb. 869
Docket Numbers: S-18-472, S-18-474
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that it lacked jurisdiction over the assessment decision of the Board of Equalization of the City of Omaha exercising a quasi-judicial function as a…
Date: April 12, 2019
Citation: 302 Neb. 878
Docket Number: S-18-629
Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court adjudicating Reality W. as being habitually truant from school, holding that the statutory defenses to adjudication under Neb. Rev. Stat. 79-209(2)(b)…
Date: April 5, 2019
Citation: 302 Neb. 742
Docket Number: S-17-1287
Justia Opinion Summary: The Supreme Court affirmed the district court's order dismissing Tenants' first cause of action against Landlord under the Uniform Residential Landlord and Tenant Act (URLTA) but reversed as to Tenants' second, third,…
Date: April 5, 2019
Citation: 302 Neb. 769
Docket Number: S-18-193
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting Prospect Funding Holdings, LLC's (Prospect) motions to confirm arbitration awards and for summary judgment in this interpleader action, holding that…
Date: April 5, 2019
Citation: 302 Neb. 786
Docket Number: S-18-253
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's denial of Father's motion to modify custody of a minor child after the child reported that her stepfather was sexually abusing her, holding…
Date: April 5, 2019
Citation: 302 Neb. 804
Docket Number: S-18-333
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of possession of a stolen firearm, holding that the "intent to restore" clause of Neb. Rev. Stat. 28-1212.03 is an essential element of…
Date: April 5, 2019
Citation: 302 Neb. 821
Docket Number: S-18-799
Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the probate court's dismissal of a golf course partnership's claim based upon an unfulfilled pledge agreement in a decedent's probate proceeding,…
Date: March 29, 2019
Citation: 302 Neb. 652
Docket Number: S-18-335
Justia Opinion Summary: In these appeals arising from juvenile proceedings involving Michael N. and his parents (Parents), the Supreme Court affirmed in part and reversed in part, holding that this Court lacked jurisdiction to consider the…
Date: March 29, 2019
Citation: 302 Neb. 676
Docket Number: S-18-412
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of enticement by electronic communication, in violation of Neb. Rev. Stat. 28-833, and allowed the parties' stipulation to remand because…
Date: March 29, 2019
Citation: 302 Neb. 686
Docket Number: S-18-590
Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence imposed as a result of his revocation from post-release supervision, holding that the term of imprisonment imposed by the court was within the statutory range and was not…
Date: March 29, 2019
Citation: 302 Neb. 702
Docket Number: S-18-600
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of the crime of assisting suicide, holding that there was sufficient evidence to support the conviction and that the district court did not err in its evidentiary…
Date: March 29, 2019
Citation: 302 Neb. 720
Docket Number: S-18-608
Justia Opinion Summary: The Supreme Court vacated the order of the district court granting Father's motion seeking to establish parenting time and telephone communication with one of the parties' children, holding that the district court lacked…
Date: March 29, 2019
Citation: 302 Neb. 731
Docket Number: S-18-646
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court imposing an aggregate sentence of forty-two to fifty-five years in prison in connection with Defendant's no contest pleas to possession of a firearm by a…
Date: March 22, 2019
Citation: 302 Neb. 578
Docket Number: S-17-1190
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants - E&A Consulting Group (E&A), Sanitary Improvement District No. 237 (SID No. 237), and the City of La Vista…
Date: March 22, 2019
Citation: 302 Neb. 548
Docket Number: S-17-277
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ claims seeking a declaratory judgment that a redevelopment project in the City of Falls City was not planned or adopted in accordance…
Date: March 22, 2019
Citation: 302 Neb. 588
Docket Number: S-18-273
Justia Opinion Summary: In these post-divorce proceedings, the Supreme Court affirmed the district court’s order as modified and vacated the awards of $2,500 in expert witness fees and $117 in overnight camp expenses and modified the order…
Date: March 22, 2019
Citation: 302 Neb. 606
Docket Number: S-18-321
Justia Opinion Summary: The Supreme Court affirmed in part the district court's denial of Defendants’ request for attorney fees and dismissed in part Defendants’ appeal from orders vacating summary judgment in favor of Defendants and overruling…
Date: March 22, 2019
Citation: 302 Neb. 618
Docket Number: S-18-419
Justia Opinion Summary: The Supreme Court affirmed the rulings of the Nebraska Workers’ Compensation Court determining what constitutes the term “employer” under Neb. Rev. Stat. 48-116 of the Nebraska Workers’ Compensation Act, in imposing…
Date: March 22, 2019
Citation: 302 Neb. 643
Docket Number: S-18-701
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court in favor of Terrance Poppe in this legal malpractice action, holding that there was no merit to this appeal. Poppe represented Brenda Rice from Dale Rice.…
Date: March 15, 2019
Citation: 302 Neb. 492
Docket Number: S-17-1166
Date: March 15, 2019
Citation: 302 Neb. 494
Docket Number: S-17-1167
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court dismissing Plaintiff’s declaratory judgment action alleging that she had not been notified that her employment contract would not be renewed within the…
Date: March 15, 2019
Citation: 302 Neb. 509
Docket Number: S-18-108
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Greater Omaha Packing Company, Inc. (GOP) as to Meyer Natural Foods LLC’s breach of contract action following a…
Date: March 15, 2019
Citation: 302 Neb. 526
Docket Number: S-18-618
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying without an evidentiary hearing Appellant’s motion for postconviction relief, holding that the district court did not err in denying postconviction…
Date: March 15, 2019
Citation: 302 Neb. 538
Docket Number: S-18-803
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court quieting title to certain land in Terry and Linda Brown after finding that the Browns established their entitlement to the disputed land by adverse…
Date: March 8, 2019
Citation: 302 Neb. 406
Docket Number: S-17-1202
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction and sentence for robbery, holding that none of Defendant’s argument on appeal warranted reversal of his conviction. Specifically, the Court held (1) the district court…
Date: March 8, 2019
Citation: 302 Neb. 395
Docket Number: S-17-813
Justia Opinion Summary: In this action for declaratory judgment the Supreme Court reversed the judgment of the court of appeals reversing the decision of the district court finding that the City of Imperial, Nebraska was financially responsible…
Date: March 8, 2019
Citation: 302 Neb. 442
Docket Number: S-18-158
Justia Opinion Summary: The Supreme Court affirmed the district court’s order dismissing Appellant’s claim against Metropolitan Utilities District (MUD) with prejudice, holding that the district court correctly determined that Appellant’s claim…
Date: March 8, 2019
Citation: 302 Neb. 454
Docket Number: S-18-168
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the owners of the Quart House Pub and its premises (collectively, Quart House) in this negligence action brought by Lee…
Date: March 8, 2019
Citation: 302 Neb. 465
Docket Number: S-18-407
Justia Opinion Summary: In these paternity proceedings, the Supreme Court affirmed the judgment of the district court that awarded sole legal and physical custody of the parties’ child to Father, holding that there was no reversible error in…
Date: March 8, 2019
Citation: 302 Neb. 483
Docket Number: S-18-436
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the State’s complaint filed against Walter E.’s father, Mark E., to establish an order of support, holding that the district court lacked subject…
Date: March 1, 2019
Citation: 302 Neb. 325
Docket Number: S-18-005
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child, incest with a person under eighteen years of age, and third degree sexual assault of a child, holding that…
Date: March 1, 2019
Citation: 302 Neb. 357
Docket Number: S-18-283
Justia Opinion Summary: The Supreme Court affirmed the county court’s entry of summary judgment declaring that the proceeds of the Estate of Mark Anthony Helms be distributed pursuant to a prior federal court judgment applying North Carolina…
Date: March 1, 2019
Citation: 302 Neb. 365
Docket Number: S-18-410
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction this appeal brought by the State appealing the order of the separate juvenile court of Douglas County, which vacated its previous order of adjudication and set the…
Date: March 1, 2019
Citation: 302 Neb. 372
Docket Number: S-18-426
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant’s motion to vacate his sentence and withdraw the plea pursuant to the common-law procedure recognized in State v. Gonzalez, 830 N.W.2d 504…
Date: March 1, 2019
Citation: 302 Neb. 387
Docket Number: S-18-516
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying, without a hearing, Plaintiff’s application to proceed in forma pauperis, holding that the district court’s action was authorized by Neb. Rev. Stat.…
Date: February 22, 2019
Citation: 302 Neb. 297
Docket Number: S-18-365
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant’s appeal from a condemnation of Appellant’s land by the City of Papillion, Nebraska for lack of jurisdiction but affirmed the district…
Date: February 22, 2019
Citation: 302 Neb. 308
Docket Number: S-18-446
Justia Opinion Summary: The Supreme Court affirmed the district court’s imposition of an eight-month jail term upon revoking Defendant’s post-release supervision, holding that the district court’s order imposing a term of eight months’…
Date: February 22, 2019
Citation: 302 Neb. 315
Docket Number: S-18-476
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court construing the will at issue in this case and granting the decedent’s estate’s motion for summary judgment, holding that the county court had jurisdictional…
Date: February 15, 2019
Citation: 302 Neb. 283
Docket Number: S-17-1101
Date: February 15, 2019
Citation: 302 Neb. 245
Docket Number: S-17-675
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the decision of the district court convicting Defendant of three counts of possession of a controlled substance and one count of possession of a…
Date: February 15, 2019
Citation: 302 Neb. 269
Docket Number: S-17-898
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the Workers’ Compensation Court in this attorney fee dispute between discharged lawyers and the lawyer who represented the client through a…
Date: February 15, 2019
Citation: 302 Neb. 285
Docket Numbers: S-18-450, S-18-451
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of driving under the influence, fifth offense, and aggravated driving under the influence (DUI), fifth offense, holding that Defendant’s…
Date: February 8, 2019
Citation: 302 Neb. 188
Docket Number: S-17-1028
Date: February 8, 2019
Citation: 302 Neb. 202
Docket Number: S-18-145
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s motion for postconviction relief, holding that there was no merit to Appellant’s claims that his counsel provided ineffective assistance…
Date: February 8, 2019
Citation: 302 Neb. 217
Docket Number: S-18-488
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Appellant’s petition seeking damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that Appellant insufficiently…
Date: February 8, 2019
Citation: 302 Neb. 226
Docket Number: S-18-651
Justia Opinion Summary: The Supreme Court dismissed this appeal involving a “bridge order” entered after the adjudication of five children under Neb. Rev. Stat. 43-247(3)(a), who had been in Mother’s sole legal and physical custody, giving…
Date: February 1, 2019
Citation: 302 Neb. 154
Docket Number: S-18-178
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child and felony child abuse, holding that the trial court did not violate Defendant’s constitutional right of…
Date: January 25, 2019
Citation: 302 Neb. 110
Docket Number: S-18-111
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s imposition of a fifteen-day custodial sanction after testing positive for drug and alcohol while serving a sentence of probation, holding that the…
Date: January 25, 2019
Citation: 302 Neb. 116
Docket Number: S-18-184
Justia Opinion Summary: The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a…
Date: January 25, 2019
Citation: 302 Neb. 128
Docket Number: S-18-328
Justia Opinion Summary: The Supreme Court dismissed the State’s appeal from the district court’s order overruling the State’s motion to seal the grand jury documents in this case, holding that the order was not a final, appealable order. After…
Date: January 25, 2019
Citation: 302 Neb. 138
Docket Number: S-18-390
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing eight inmates' declaratory judgment action for failure to state a claim, holding that the inmates had other equally serviceable remedies…
Date: January 25, 2019
Citation: 302 Neb. 145
Docket Number: S-18-459
Justia Opinion Summary: The Supreme Court dismissed the appeal from the denial of two motions filed by Appellant in this marital dissolution case, holding that this Court lacked jurisdiction of this appeal. After a marital dissolution decree…
Date: January 18, 2019
Citation: 302 Neb. 53
Docket Number: S-17-1039
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of second-degree degree murder and other offenses, holding that the district court did not err in denying Defendant’s motion to suppress and that Defendant’s other…
Date: January 18, 2019
Citation: 302 Neb. 51
Docket Number: S-17-387
Date: January 18, 2019
Citation: 302 Neb. 70
Docket Number: S-18-140
Justia Opinion Summary: The Supreme Court vacated in part the judgment of the district court overruling Plaintiff’s motion to recuse and granting summary judgment to Defendants on all of Plaintiff’s remaining claims, holding that the judge…
Date: January 18, 2019
Citation: 302 Neb. 81
Docket Number: S-18-197
Justia Opinion Summary: The Supreme Court reversed the order of the district court on remand in this case involving a claimant’s eligibility for Medicaid funding, holding that the district court erred in its instructions on remand. The…
Date: January 18, 2019
Citation: 302 Neb. 88
Docket Number: S-18-219
Justia Opinion Summary: In this case stemming from an electrician’s injuries after an aerial lift malfunctioned the Supreme Court affirmed the district court’s partial grant of Defendant’s motion to exclude expert testimony and grant of…
Date: January 11, 2019
Citation: 302 Neb. 1
Docket Number: S-17-054
Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s appeal of a district court order granting temporary visitation of Appellant’s minor children to the children’s maternal grandmother, holding that…
Date: January 11, 2019
Citation: 302 Neb. 10
Docket Number: S-18-082
Justia Opinion Summary: The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground…
Date: January 11, 2019
Citation: 302 Neb. 44
Docket Number: S-18-255
Justia Opinion Summary: The Supreme Court affirmed the determination of the Nebraska Workers’ Compensation Court that it lacked jurisdiction over Appellant’s petition and dismissing his claim, holding that the compensation court correctly…
Date: January 4, 2019
Citation: 301 Neb. 1006
Docket Number: S-17-1297
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the county court's judgment convicting Defendant of driving under the influence, second offense aggravated, and sentencing him to eighteen months’…
Date: January 4, 2019
Citation: 301 Neb. 1027
Docket Number: S-18-126
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant’s sentence, imposed by the county court, to seventy-five days in jail in connection with Defendant’s plea of guilty to operating a motor…
Date: January 4, 2019
Citation: 301 Neb. 1037
Docket Number: S-18-129
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendants’ motions to dismiss Plaintiff’s claim under the State Tort Claims Act (STCA), holding that the district court did not err in dismissing…
Date: January 4, 2019
Citation: 301 Neb. 1045
Docket Number: S-18-329
Justia Opinion Summary: The Supreme Court vacated the orders of the district court making paternity and custody determinations concerning one child but declining to do so with respect to the other child at issue in this case, holding that…
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