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
State v. Esch  
Date: December 1, 2023
 Citation: 315 Neb. 482
Docket Number: S-22-855

Justia Opinion Summary: The Supreme Court of Nebraska affirmed the convictions and sentences of Trenton R. Esch for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Esch…

In re Estate of Walker
Date: December 1, 2023
 Citation: 315 Neb. 510
Docket Number: S-22-979
State v. Earnest
Date: December 1, 2023
 Citation: 315 Neb. 527
Docket Number: S-23-243
State v. Dap  
Date: November 17, 2023
 Citation: 315 Neb. 466
Docket Number: S-22-810

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for possession of a firearm by a prohibited person and unlawful discharge of a firearm, holding that there was no reversible error or abuse of discretion in the…

State v. Harms  
Date: November 9, 2023
 Citation: 315 Neb. 445
Docket Number: S-22-393

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that there…

In re Interest of D.H.  
Date: November 9, 2023
 Citation: 315 Neb. 458
Docket Number: S-23-032

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ordering reinstatement of D.H.'s firearm rights, holding that there was no error on the part of the district court. After D.H. attempted suicide in 1995 a…

Boone River, LLC v. Miles -- supplemental opinion
Date: November 3, 2023
 Citation: 315 Neb. 413
Docket Number: S-22-673
State v. Simons  
Date: November 3, 2023
 Citation: 315 Neb. 415
Docket Number: S-23-056

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of possession of a controlled substance and vacated his sentence, holding that the Nebraska Probation Administration Act (the Act) does not permit the increase of the…

In re Interest of Sayrah P.  
Date: November 3, 2023
 Citation: 315 Neb. 436
Docket Number: S-23-071

Justia Opinion Summary: The Supreme Court dismissed sixteen-year-old Sayrah P.'s appeal from an order for electronic monitoring and an order for staff secure detention, holding that this appeal lacked a final, appealable order. A juvenile…

Williams v. Frakes  
Date: October 27, 2023
 Citation: 315 Neb. 379
Docket Number: S-22-719

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint against the Nebraska Department of Correctional Services (DCS) and three of its officials regarding computation of…

Radmanesh v. Radmanesh  
Date: October 27, 2023
 Citation: 315 Neb. 393
Docket Number: S-22-826

Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution in this case, holding that the district court did not err in awarding Wife alimony and an equalization payment and in equally dividing student loans for the parties'…

Harchelroad v. Harchelroad  
Date: October 20, 2023
 Citation: 315 Neb. 351
Docket Number: S-22-743

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to intervene in a suit involving her husband's estate, holding that Appellant had a direct and legal interest in the litigation…

State v. Hammond  
Date: October 20, 2023
 Citation: 315 Neb. 362
Docket Number: S-22-867

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Defendant's motion to suppress and convicting her of possession of methamphetamine and drug paraphernalia following a stipulated bench trial,…

State v. Brown  
Date: October 13, 2023
 Citation: 315 Neb. 336
Docket Number: S-22-952

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the State in this action brought by Plaintiff alleging that his injuries were proximately caused by the negligence of a…

Rose v. American Family Insurance Co.  
Date: October 6, 2023
 Citation: 315 Neb. 302
Docket Number: S-22-898

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment after determining that Plaintiff's claim for underinsured motorist benefits against American Family Insurance Company was time-barred,…

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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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