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.
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Recent Decisions From the Nebraska Supreme Court
Date: October 4, 2024
Citation: 317 Neb. 759
Docket Number: S-22-880
Justia Opinion Summary: Dylan R. Isham and Billy C. Jack entered into an agreement to exchange Isham’s manufactured home for Jack’s travel trailer, with an option for Jack to purchase a garage attached to the manufactured home for $3,000 by May…
Date: October 4, 2024
Citation: 317 Neb. 771
Docket Number: S-23-527
Date: October 4, 2024
Citation: 317 Neb. 787
Docket Number: S-24-001
Justia Opinion Summary: The case involves Riley Lenhart, who was convicted of intentional child abuse resulting in the death of his 10-month-old daughter, M.L. On June 19, 2022, M.L. died from ligature strangulation while in Lenhart's care.…
Date: September 27, 2024
Citation: 317 Neb. 730
Docket Number: S-23-866
Justia Opinion Summary: The defendant was charged with obstructing the administration of law in violation of a municipal ordinance. The incident occurred when law enforcement officers attempted to arrest the defendant's son, who had a felony…
Date: September 27, 2024
Citation: 317 Neb. 744
Docket Number: S-23-994
Justia Opinion Summary: A housekeeper employed by a nursing and rehabilitation facility experienced a respiratory incident after wearing a sterilized N95 mask at work. She felt a burning sensation and had difficulty breathing, leading to…
Date: September 20, 2024
Citation: 317 Neb. 622
Docket Number: S-23-076
Justia Opinion Summary: Deontae Rush appealed from convictions of first-degree murder and using a firearm to commit a felony. He had been sentenced to life imprisonment for the murder conviction and 25-35 years for the firearm offense, to be…
Date: September 20, 2024
Citation: 317 Neb. 690
Docket Number: S-23-116
Justia Opinion Summary: A swine producer experienced a disease outbreak in its sow facility and sued two manure management companies, alleging the outbreak was caused by their failure to follow biosecurity protocols. The swine producer sought…
Date: September 20, 2024
Citation: 317 Neb. 724
Docket Number: S-23-982
Date: September 13, 2024
Citation: 317 Neb. 581
Docket Numbers: S-24-647, S-24-654
Justia Opinion Summary: Two relators challenged a ballot initiative proposing to amend the Nebraska Constitution to include a right to abortion. The initiative sought to establish a fundamental right to abortion until fetal viability or when…
Date: September 13, 2024
Citation: 317 Neb. 600
Docket Number: S-24-653
Justia Opinion Summary: A group of 29 physicians challenged a proposed ballot initiative in Nebraska that sought to add a new section to the state constitution, protecting unborn children from abortion in the second and third trimesters, except…
Date: September 13, 2024
Citation: 317 Neb. 608
Docket Number: S-24-658
Date: September 6, 2024
Citation: 317 Neb. 517
Docket Number: S-22-587
Justia Opinion Summary: The case involves Kolton Barnes, who was convicted of first-degree murder, intentional cruelty to an animal, two counts of use of a deadly weapon to commit a felony, two counts of negligent child abuse, and evidence…
Date: September 6, 2024
Citation: 317 Neb. 559
Docket Numbers: S-23-402, S-23-508
Justia Opinion Summary: A self-described "lay midwife" was charged by the State of Nebraska with practicing a profession without a credential after being ordered to cease and desist. The midwife, who did not hold a state-issued credential,…
Date: August 30, 2024
Citation: 317 Neb. 481
Docket Number: S-23-564
Justia Opinion Summary: Precision Castparts Corp. (Precision Castparts) sought to deduct income included in its 2017 federal tax return under 26 U.S.C. § 965 (Section 965) from its Nebraska taxable income. Section 965, part of the Tax Cuts and…
Date: August 30, 2024
Citation: 317 Neb. 493
Docket Number: S-23-630
Justia Opinion Summary: Gregory Moore was convicted of second-degree murder and use of a weapon to commit a felony after a jury trial. The incident occurred in November 2020, when Moore was living in an apartment building in Scottsbluff,…
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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