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
Williamson v. Bellevue Medical Center, LLC
Date: October 18, 2019
Citation: 304 Neb. 312
Docket Number: S-18-1069
Griffith v. Nebraska Department of Correctional Services
Date: October 18, 2019
Citation: 304 Neb. 287
Docket Number: S-18-569
Krejci v. Krejci
Date: October 18, 2019
Citation: 304 Neb. 302
Docket Number: S-18-908
Bortolotti v. Universal Terrazzo & Tile Co.  
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 elim...

In re Interest of Donald B.  
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 sufficie...

State v. Lee  
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 deg...

State v. Oliveira-Coutinho  
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 eviden...

Green v. Seiffert  
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...

Anderson v. Babbe  
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...

In re Estate of Radford  
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,...

In re Stueven Charitable Foundation  
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 directors. D...

State v. Montoya  
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 Def...

State v. Koch  
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 postconv...

State v. Hartzell  
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 evi...

State v. Schmaltz  
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...

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.