Nebraska Supreme Court Decisions

The Nebraska Supreme Court oversees the practice of law throughout the state, and it supervises matters related to the admission and discipline of attorneys. It holds mandatory jurisdiction over cases that involve death sentences, sentences of life imprisonment, or challenges to the validity of state laws. More broadly, the Court holds discretionary jurisdiction over appeals from the Nebraska Court of Appeals. This means that it can choose whether to hear any given appeal.

Seven justices serve on the Nebraska Supreme Court. Nebraska is divided into six judicial districts, and each of the Associate Justices represents a judicial district. When a vacancy arises, a judicial nominating commission will interview candidates for the position. The Nebraska State Bar Association chooses the eight members of the commission, of whom four members are lawyers. To serve on the Nebraska Supreme Court, a candidate must be a U.S. citizen who is at least 30 years old. They also must have practiced law in Nebraska for at least five years and must be licensed to practice before the Supreme Court. The Governor of Nebraska will choose the new justice from a list of at least two candidates. If the Governor does not choose the new justice within 60 days, the Chief Justice will choose a candidate from the list.

Once they have been appointed, a justice will need to go through a retention election to stay on the Court. The retention election will occur in the first general election that is held more than three years after their appointment. If a justice is retained, they will serve a six-year term before facing another retention election. To win a retention election, they must receive at least 50 percent of the votes. While a justice may retire when they reach the age of 65, or if they develop a disability, there is no age at which they are required to retire.

Browse Opinions From the Nebraska Supreme Court

Recent Decisions From the Nebraska Supreme Court
In re Estate of Lakin  
Date: October 8, 2021
Citation: 310 Neb. 271
Docket Numbers: S-20-093, S-20-094

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court granting summary judgment in favor of Thomas Pribil and William Kilzer (together, Appellees), the copersonal representatives of the estate of Charles E. Lakin an...

Eis v. Eis  
Date: October 1, 2021
Citation: 310 Neb. 243
Docket Number: S-20-515

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court modifying the decree dissolving the marriage of Donald and Linda Eis, awarding Linda an increased equalization payment of $176,462, holding that there was no...

State ex rel. Counsel for Dis. v. Pearson
Date: October 1, 2021
Citation: 310 Neb. 256
Docket Number: S-20-741
State v. Riessland  
Date: October 1, 2021
Citation: 310 Neb. 262
Docket Number: S-20-884

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's second motion for discharge on statutory speedy trial grounds, holding that a defendant can permanently waive his or her statutory spee...

In re Estate of Beltran  
Date: September 24, 2021
Citation: 310 Neb. 174
Docket Number: S-20-691

Justia Opinion Summary: The Supreme Court dismissed for lack of a final, appealable order the probate court's denial of Appellant's "Verified Petition for Instruction" referencing Neb. Rev. Stat. 30-402, holding that the petition was not final...

Preserve of the Sandhills, LLC v. Cherry County  
Date: September 24, 2021
Citation: 310 Neb. 184
Docket Number: S-20-726

Justia Opinion Summary: The Supreme Court dismissed Appellants' appeal from the district court's dismissal of their appeal of a county board's grant of a conditional use permit (CUP) for the development of a commercial wind turbine operation, h...

Vanderveer v. Vanderveer  
Date: September 24, 2021
Citation: 310 Neb. 196
Docket Number: S-20-733

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court entering a decree dissolving the marriage of Steve Vanderveer and Joy Vanderveer, dividing their marital estate, awarding alimony...

State v. Brown  
Date: September 24, 2021
Citation: 310 Neb. 224
Docket Number: S-20-812

Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for absolute discharge, in which Defendant alleged violations of his constitutional and statutory rights to a speedy trial, holding...

State v. Short  
Date: September 17, 2021
Citation: 310 Neb. 81
Docket Number: S-19-415

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to dismiss with prejudice or for absolute discharge based on late disclosures of discovery information resulting in delays Defendan...

Hauptman, O'Brien, Wolf & Lathrop, P.C. v. Auto-Owners Insurance Co.  
Date: September 17, 2021
Citation: 310 Neb. 147
Docket Number: S-20-516

Justia Opinion Summary: The Supreme Court held that Neb. Rev. Stat. 44-3,128.01, which grants an insurer the right of subrogation, does not preempt a common-law rule, known as the common fund doctrine, allowing an attorney to collect a pro rata...

State v. Jacob - supplemental opinion
Date: September 17, 2021
Citation: 310 Neb. 157
Docket Number: S-20-584
State v. Chase  
Date: September 17, 2021
Citation: 310 Neb. 160
Docket Number: S-20-789

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court, sitting as an appellate court, affirming the county court's denial of Defendant's motion for absolute discharge based on her statutory right to a speedy tria...

In re Estate of Giventer  
Date: September 3, 2021
Citation: 310 Neb. 39
Docket Number: S-20-111

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the county court denying petitions to recover fees and expenses incurred by a nominated personal representative and his attorney who unsuccessfully...

State v. Britt  
Date: September 3, 2021
Citation: 310 Neb. 69
Docket Number: S-21-107

Justia Opinion Summary: The Supreme Court affirmed the order of the district court overruling Defendant's motion for postconviction relief, holding that Defendant failed to prove that he suffered prejudice under Strickland v. Washington, 466 U....

Marr v. West Corp.  
Date: August 27, 2021
Citation: 310 Neb. 21
Docket Number: S-20-636

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying West Corporation's motion for judgment notwithstanding the verdict and motion for a new trial after the jury found that West breached contracts with a...

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.