Nebraska Supreme Court Decisions 2011

State v. Fox  
Date: December 30, 2011
Citation: 282 Neb. 957
Docket Number: S-11-045

Justia Opinion Summary: After a jury trial, Matthew Fox was convicted of first degree murder and use of a weapon to commit a felony. Fox appealed, asserting that the district court erred when it found him competent to stand trial and when it al...

In re Application of Minden  
Date: December 23, 2011
Citation: 282 Neb. 926
Docket Number: S-10-1055

Justia Opinion Summary: The City of Minden filed an application to construct a subtransmission line with the Nebraska Power Review Board (Board). Southern Public Power District (Southern) objected to the application. The Board denied the applic...

Am. Amusements Co. v. Neb. Dep't of Revenue  
Date: December 23, 2011
Citation: 282 Neb. 908
Docket Number: S-10-804

Justia Opinion Summary: This appeal focused on the legality of a video gaming device known as Bankshot, which was developed and distributed by Appellees. Appellees filed this lawsuit after the State seized two Bankshot devices as alleged illega...

State v. Hessler  
Date: December 23, 2011
Citation: 282 Neb. 935
Docket Number: S-11-379

Justia Opinion Summary: Jeffrey Hessler was incarcerated and sentenced to death relating to the rape and murder of a fifteen-year-old. Hessler subsequently filed a motion for postconviction relief. The district court granted an evidentiary hear...

Alsidez v. Am. Family Mut. Ins. Co.  
Date: December 16, 2011
Citation: 282 Neb. 890
Docket Number: S-10-1220

Justia Opinion Summary: Anthony Alsidez died in a single-car accident after a passenger, Gregory Segura, grabbed the steering wheel of the Jeep Anthony was driving. The Jeep was owned by Melissa Alsidez, Anthony's mother, who had a policy with...

McKinney v. Okoye  
Date: December 16, 2011
Citation: 282 Neb. 880
Docket Number: S-10-722

Justia Opinion Summary: An infant died while under the care of Carla McKinney, who operated a daycare center. Matthias Okoye, a pathologist who worked for Nebraska Forensic Medical Services (collectively, Appellees), reported in an autopsy repo...

State ex rel. Counsel for Dis. v. Bouda
Date: December 16, 2011
Citation: 282 Neb. 902
Docket Number: S-11-005
State v. Iromuanya  
Date: December 9, 2011
Citation: 282 Neb. 798
Docket Number: S-09-075

Justia Opinion Summary: Lucky Iromuanya was convicted of second degree murder, attempted second degree murder, and two related counts of use of a weapon. The Supreme Court modified his sentence. Iromuanya subsequently filed a petition for postc...

Bassinger v. Neb. Heart Hosp.  
Date: December 9, 2011
Citation: 282 Neb. 835
Docket Number: S-10-653

Justia Opinion Summary: Before Appellee began work as a certified nurse aid at Hospital, she failed to disclose on a preemployment questionnaire a work-related injury she received in 2001. In 2008, while working at Hospital, Appellee injured he...

City of Scottsbluff v. Waste Connections of Neb.  
Date: December 9, 2011
Citation: 282 Neb. 848
Docket Number: S-10-753

Justia Opinion Summary: Under one contract, City collected solid waste and took it to a waste services company's (Company) transfer station. Company hauled the waste to a landfill. After this contract expired, Company charged the city $42.50 pe...

In re Adoption of Amea R.  
Date: December 2, 2011
Citation: 282 Neb. 751
Docket Number: S-10-1163

Justia Opinion Summary: Grandmother and Grandfather filed a petition for adoption seeking to adopt Child. Grandfather had dementia, so Father, who was Child's father and Grandparents' son, sought to participate in the adoption proceedings on Gr...

Central Neb. Pub. Power v. Jeffrey Lake Dev.  
Date: December 2, 2011
Citation: 282 Neb. 762
Docket Number: S-10-1196

Justia Opinion Summary: A public power and irrigation district (District) filed an action against a development and other sublessees (collectively, Development) to quiet title to land owned by District and leased by Development. Development fil...

State v. Nelson  
Date: December 2, 2011
Citation: 282 Neb. 767
Docket Number: S-11-003

Justia Opinion Summary: A rental vehicle driven by James Nelson was stopped for speeding. A subsequent search disclosed a package of cocaine. After a jury trial, Nelson was found guilty of possession of cocaine with intent to deliver or distrib...

State v. Timmens  
Date: December 2, 2011
Citation: 282 Neb. 787
Docket Number: S-11-217

Justia Opinion Summary: Timmy Timmens was convicted of second degree murder. The Supreme Court affirmed his conviction and sentence. Timmens subsequently filed a motion for postconviction relief, alleging that his trial counsel was ineffective...

State v. Smith  
Date: November 18, 2011
Citation: 282 Neb. 720
Docket Number: S-09-1107

Justia Opinion Summary: After a jury trial, Ronald Smith was convicted of murder in the second degree and related offenses. Smith appealed his conviction for second degree murder. The Supreme Court affirmed after (1) reaffirming the holdings of...

State v. Halverstadt  
Date: November 18, 2011
Citation: 282 Neb. 736
Docket Number: S-11-145

Justia Opinion Summary: Richard Halverstadt was convicted of violating Neb. Rev. Stat. 60-6.294 and 60-6,300 after being cited for hauling an overweight load on a Nebraska roadway. Halverstadt's load exceeded both the weight limits of his speci...

State v. Graff  
Date: November 18, 2011
Citation: 282 Neb. 746
Docket Number: S-11-158

Justia Opinion Summary: Terry Graff was convicted of violating a protection order and was sentenced to twelve months' probation. Graff appealed to the district court, which affirmed. At issue on appeal was whether a defendant can be convicted o...

Peterson v. Sanders  
Date: November 10, 2011
Citation: 282 Neb. 711
Docket Number: S-10-1170

Justia Opinion Summary: Appellees, record owners of surface property, brought an equitable action pursuant to Nebraska's dormant mineral statutes, claiming the property's severed mineral interests had been abandoned pursuant to Neb. Rev. Stat....

Tymar, LLC v. Two Men and a Truck  
Date: November 10, 2011
Citation: 282 Neb. 692
Docket Number: S-10-861

Justia Opinion Summary: Appellant Tymar, LLC filed an application with the Nebraska Public Service Commission seeking authority to operate as a common carrier of household goods in intrastate commerce. Appellees, other common carriers in the ar...

Scottsbluff Police Officers Ass'n v. City of Scottsbluff  
Date: November 4, 2011
Citation: 282 Neb. 676
Docket Number: S-10-960

Justia Opinion Summary: The City of Scottsbluff implemented changes to police officers' health insurance coverage and related benefits without bargaining with the Scottsbluff Police Officers Association (the Union). The Union filed a petition w...

State v. Lee  
Date: October 28, 2011
Citation: 282 Neb. 652
Docket Number: S-10-1098

Justia Opinion Summary: Under a plea bargain, Donald Lee pleaded nolo contendere to one count of second degree murder. The district court sentenced Lee to a term of seventy years to life in prison. Lee subsequently filed a motion for postconvic...

Armstrong v. County of Dixon  
Date: October 28, 2011
Citation: 282 Neb. 623
Docket Number: S-10-235

Justia Opinion Summary: The County of Dixon did work on Landowners' property, including grading and removing fences and trees, as part of a road maintenance project. Landowners eventually brought an inverse condemnation proceeding. The district...

Federated Serv. Ins. Co. v. Alliance Constr.  
Date: October 28, 2011
Citation: 282 Neb. 638
Docket Number: S-10-559

Justia Opinion Summary: Danny O'Neall was injured while working for Sadler Line Construction, a subcontractor of Alliance Construction. Sadler had commercial general liability (CGL) coverage with Federated Service Inusrance Company. In the unde...

Howsden v. Roper's Real Estate Co.  
Date: October 28, 2011
Citation: 282 Neb. 666
Docket Number: S-11-174

Justia Opinion Summary: Plaintiff Darlene Howsden was injured on premises that were leased to her employer by a legally distinct entity that was owned and operated by the same shareholders as her employer. Plaintiff sued Defendant, the entity t...

State ex rel. Counsel for Dis. v. Carter
Date: October 21, 2011
Citation: 282 Neb. 596
Docket Number: S-10-811
Newman v. Liebig  
Date: October 21, 2011
Citation: 282 Neb. 609
Docket Number: S-10-946

Justia Opinion Summary: This appeal involved an allegedly void trust that was executed and recorded in 1979 and to which several parcels of real property were purportedly deeded. The trust terms provided that it would terminate in 2004. In 2008...

In re Lakota Z.  
Date: October 14, 2011
Citation: 282 Neb. 584
Docket Number: S-10-1046

Justia Opinion Summary: Two children were adjudicated and placed in the care and custody of their paternal Grandparents after their parents neglected them. Grandparents were eventually appointed the children's guardians. Subsequently, the child...

State v. McCave  
Date: October 14, 2011
Citation: 282 Neb. 500
Docket Number: S-10-232

Justia Opinion Summary: Jeffrey McCave was in his car, parked in the driveway of his father's house, when his father told him to leave. After McCave refused, his father called the police, who arrested McCave. McCave was subsequently convicted o...

Dresser v. Union Pacific R.R. Co.  
Date: October 14, 2011
Citation: 282 Neb. 537
Docket Number: S-10-645

Justia Opinion Summary: Krista Rosencrans was severely injured when a train collided with a motor vehicle in which she was a passenger. Rosencrans and her mother (collectively, Appellants) brought a negligence action against Union Pacific and t...

Bedore v. Ranch Oil Co.  
Date: October 14, 2011
Citation: 282 Neb. 553
Docket Number: S-10-912

Justia Opinion Summary: John and Betty Vlasin leased the oil and gas rights to their land to Ranch Oil Company. Ranch Oil operated on one-half of the land in the lease and Byron Hummon operated on the other half. After the primary term of the l...

State v. Perina  
Date: October 7, 2011
Citation: 282 Neb. 463
Docket Number: S-09-1021

Justia Opinion Summary: Appellant Arthur Perina was charged with, among other things, motor vehicle homicide under Neb. Rev. Stat. 28-306. Perina filed a motion to quash the motor vehicle homicide charge, asserting that section 28-306 was uncon...

State v. Penado  
Date: October 7, 2011
Citation: 282 Neb. 495
Docket Number: S-10-1049

Justia Opinion Summary: Cesar Penado was charged with murder in the first degree, use of a weapon to commit a felony, and burglary. The district court found that Penado was not competent to stand trial and determined that there was not a substa...

State v. Alfredson  
Date: October 7, 2011
Citation: 282 Neb. 476
Docket Number: S-10-295

Justia Opinion Summary: Joshua Alfredson was convicted by a jury of first degree sexual assault and second degree false imprisonment. The trial court subsequently determined that an aggravated offense had been established and, as a result, subj...

Golden v. Union Pacific R.R. Co.  
Date: October 7, 2011
Citation: 282 Neb. 486
Docket Number: S-10-596

Justia Opinion Summary: Employee of Union Pacific Railroad Company brought an action against Union Pacific, claiming that Union Pacific's negligence resulted in toxic fume exposures that led to health problems for Employee. The district court g...

State v. Glazebrook  
Date: September 30, 2011
Citation: 282 Neb. 412
Docket Number: S-09-1170

Justia Opinion Summary: Jeffrey Glazebrook was convicted for first degree murder and was sentenced to life imprisonment. On appeal, Glazebrook contended (1) that the State's delay in charging him with the offense violated his constitutional rig...

RSUI Indemnity Co. v. Bacon  
Date: September 30, 2011
Citation: 282 Neb. 436
Docket Number: S-10-1020

Justia Opinion Summary: Ronald Bacon was injured while working at a construction site. Bacon sued the general contractor, the general contractor's commercial liability insurer, the subcontractor, and the parent company of the subcontractor. Bac...

State v. Becker  
Date: September 30, 2011
Citation: 282 Neb. 449
Docket Number: S-11-041

Justia Opinion Summary: Jonathan Becker pleaded guilty to motor vehicle homicide and was sentenced to five years of probation, which included a requirement that Becker participate in a work ethic camp. The court also revoked Becker's driver's l...

State v. Parks  
Date: September 30, 2011
Citation: 282 Neb. 454
Docket Number: S-11-092

Justia Opinion Summary: Jerad Parks was charged with first degree sexual assault on a child. Although Parks was twenty-four years old at the time he was charged, he filed a motion to transfer to the juvenile court because he was a juvenile at t...

State ex rel. Counsel for Dis. v. Shirk
Date: September 30, 2011
Citation: 282 Neb. 460
Docket Number: S-11-319
Britton v. City of Crawford  
Date: September 23, 2011
Citation: 282 Neb. 374
Docket Number: S-10-1013

Justia Opinion Summary: Jesse Britton was shot by a city police officer and a conservation officer with the state game and parks commission after Jesse failed to comply with the officers' commands to drop his gun. Jesse died. Pat Britton, as pe...

State v. McGee  
Date: September 23, 2011
Citation: 282 Neb. 387
Docket Number: S-10-1065

Justia Opinion Summary: A state patrol officer stopped for speeding a vehicle driven by Anthony Laws in which Stuart Howard and Sarah McGee were passengers. When consent to search was denied, a trained drug detection canine unit was brought to...

Pearson v. Archer-Daniels-Midland Milling Co.  
Date: September 23, 2011
Citation: 282 Neb. 400
Docket Number: S-10-1142

Justia Opinion Summary: Appellant Thomas Pearson was struck by a forklift and was later determined to have been injured in the course of his employment with Archer-Daniels-Midland Milling Company (ADM). The workers' compensation court entered a...

City of North Platte v. Tilgner  
Date: September 23, 2011
Citation: 282 Neb. 328
Docket Number: S-10-540

Justia Opinion Summary: Appellants, three individuals, filed an initiative and referendum petition to refer a proposed ballot measure, which would have amended a city ordinance imposing an occupation tax, to the electorate of the City. The City...

State v. Howard  
Date: September 23, 2011
Citation: 282 Neb. 352
Docket Number: S-10-660

Justia Opinion Summary: A state patrol officer stopped for speeding a vehicle driven by Anthony Laws in which Stuart Howard was a passenger. When consent to search was denied, a trained drug detection canine unit was brought to the scene. The c...

State ex rel. Counsel for Dis. v. Remack
Date: September 23, 2011
Citation: 282 Neb. 410
Docket Number: S-11-551
Kiplinger v. Neb. Dep't of Natural Res.  
Date: September 16, 2011
Citation: 282 Neb. 237
Docket Number: S-10-296

Justia Opinion Summary: This case involved a constitutional challenge to an occupation tax levied pursuant to Neb. Rev. Stat. 2-3226.05. Appellant landowners, who were residents and taxpayers of natural resources districts in the Republican Riv...

Murray v. UNMC Physicians  
Date: September 16, 2011
Citation: 282 Neb. 260
Docket Number: S-10-455

Justia Opinion Summary: In this medical malpractice case, Husband alleged that Defendants, several physicians, a hospital and others, caused his Wife's death by negligently failing to administer an expensive drug to treat her hypertension. Beca...

State v. Dixon  
Date: September 16, 2011
Citation: 282 Neb. 274
Docket Number: S-10-476

Justia Opinion Summary: A jury found Armon Dixon guilty of one count of first-degree sexual assault and one count of robbery. The trial court determined that Dixon was a habitual offender as to both counts and sentenced Dixon to consecutive ter...

State v. Taylor  
Date: September 16, 2011
Citation: 282 Neb. 297
Docket Number: S-10-794

Justia Opinion Summary: Trevelle Taylor was convicted of first-degree murder and use of a deadly weapon to commit a felony. On appeal, Taylor contended that the district court erred in giving certain jury instructions, receiving expert opinion...

In re Interest of Thomas M.  
Date: September 16, 2011
Citation: 282 Neb. 316
Docket Number: S-10-819

Justia Opinion Summary: Thomas M. was adjudicated to be a juvenile who had committed acts which would constitute a felony and misdemeanors and who was mentally ill and dangerous. The juvenile court ordered Thomas to be placed in the custody of...

Prof'l Firefighters Ass'n v. City of Omaha  
Date: September 9, 2011
Citation: 282 Neb. 200
Docket Number: S-10-710

Justia Opinion Summary: The Commission of Industrial Relations was presented with an industrial dispute between the Professional Firefighters Association of Omaha, Local 385, and the City of Omaha. Prior to resolution of the industrial dispute,...

Hofferber v. Hastings Utils.  
Date: September 9, 2011
Citation: 282 Neb. 215
Docket Number: S-10-894

Justia Opinion Summary: Employee was injured and began receiving disability benefits. Later, Employer and its workers' compensation insurance carrier (collectively Employer) stopped paying Employee benefits because of his lack of cooperation in...

State v. Burton  
Date: September 2, 2011
Citation: 282 Neb. 135
Docket Number: S-10-143

Justia Opinion Summary: Defendant Karnell Burton was convicted of manslaughter, attempted second degree murder, first degree assault, and two counts of use of a deadly weapon to commit a felony. The Supreme Court affirmed Burton's convictions a...

Skaggs v. Neb. State Patrol  
Date: September 2, 2011
Citation: 282 Neb. 154
Docket Number: S-10-348

Justia Opinion Summary: Frederick Skaggs was convicted in California of attempted forcible rape, kidnapping, robbery, and the unlawful taking of a vehicle. After he was paroled, Skaggs eventually moved to Nebraska. The Nebraska State Patrol req...

State v. Almasaudi  
Date: September 2, 2011
Citation: 282 Neb. 162
Docket Number: S-10-816

Justia Opinion Summary: Raad Almasaudi was charged with theft by receiving stolen property pursuant to Neb. Rev. Stat. 28-517 after various items of stolen property were found in his residence. A jury convicted Almasaudi of the charge. On appea...

State v. Williams  
Date: September 2, 2011
Citation: 282 Neb. 182
Docket Number: S-10-929

Justia Opinion Summary: Larry Williams was convicted and sentenced in district court for five counts of first degree sexual assault and one count of sexual assault of a child. The Supreme Court affirmed Williams' convictions, holding (1) the di...

State v. Huff  
Date: August 26, 2011
Citation: 282 Neb. 78
Docket Number: S-10-567

Justia Opinion Summary: Herchel Huff was driving a motor vehicle when he struck and killed a pedestrian. Huff was convicted of several charges in connection with the accident, including manslaughter and motor vehicle homicide. The primary issue...

Latham v. Schwerdtfeger  
Date: August 26, 2011
Citation: 282 Neb. 121
Docket Number: S-10-742

Justia Opinion Summary: Susan Schwerdtfeger became pregnant by in vitro fertilization, and after giving birth, she and Teri Latham lived with the child for five years. The parties then separated and Latham moved out of the home. After Latham's...

Gonzalez v. Union Pacific RR. Co.  
Date: August 19, 2011
Citation: 282 Neb. 47
Docket Number: S-10-115

Justia Opinion Summary: Thirteen-year-old Efrain Ramos-Domingo was killed by a Union Pacific Railroad Company train. Two days later, Efrain's mother, Manuela Gonzalez signed a document releasing Union Pacific from liability for Efrain's death i...

Johnson v. Johnson  
Date: August 12, 2011
Citation: 282 Neb. 42
Docket Number: S-10-1092

Justia Opinion Summary: In preparation for filing for a dissolution action, Elizabeth Johnson prepared several documents, including a petition for dissolution, a voluntary appearance for her then-husband, Kari Johnson, and a proposed dissolutio...

McKinnis Roofing & Sheet Metal, Inc. v. Hicks  
Date: August 5, 2011
Citation: 282 Neb. 34
Docket Number: S-10-1048

Justia Opinion Summary: McKinnis Roofing and Sheet Metal and homeowner Jeffrey Hicks entered into two contracts. The first contract related to Hicks' roof, and the second contract related to copper awnings on Hicks' residence. McKinnis filed a...

Hastings State Bank v. Misle  
Date: August 5, 2011
Citation: 282 Neb. 1
Docket Number: S-10-549

Justia Opinion Summary: Hastings State Bank sought to enforce a commercial guaranty against Miriam Misle in her capacity as trustee of the Julius Misle Revocable Trust. The bank claimed that Julius had signed a guaranty in favor of the Bank, wh...

Chicago Lumber Co. of Omaha v. Selvera  
Date: August 5, 2011
Citation: 282 Neb. 12
Docket Number: S-10-741

Justia Opinion Summary: Chicago Lumber recorded a construction lien on JoAnn Selvera's home and sued to foreclose the lien. Selvera brought a counterclaim under Neb. Rev. Stat. 52-157, which provides a remedy against claimants who, in bad faith...

Mueller v. Lincoln Public Schools  
Date: August 5, 2011
Citation: 282 Neb. 25
Docket Number: S-10-748

Justia Opinion Summary: Joni Mueller, an employee of the Lincoln Public Schools (LPS), sought workers' compensation benefits after she suffered a whole body injury arising out of and in the course of her employment. At issue was how to calculat...

In re Interest of Christopher T.  
Date: July 29, 2011
Citation: 281 Neb. 1008
Docket Number: S-10-1105

Justia Opinion Summary: The State brought a petition before the county court, sitting as a juvenile court, alleging that Christopher T., who was fifteen years old at the time, was a juvenile within the meaning of Neb. Rev. Stat. 435-247(3)(b),...

Frenchman-Cambridge Irr. Dist. v. Dep't of Nat. Res.  
Date: July 29, 2011
Citation: 281 Neb. 992
Docket Number: S-10-608

Justia Opinion Summary: An irrigation district (FCID) petitioned the Department of Natural Resources (DNR) to reevaluate a portion of the Republican River Basin according to the criteria in Neb. Rev. Stat. 46-713 and to determine whether the ba...

Fry v. Fry  
Date: July 29, 2011
Citation: 281 Neb. 1001
Docket Number: S-10-698

Justia Opinion Summary: In 2006, Husband and Wife's marriage was dissolved pursuant to a decree of dissolution, which included a provision providing that Husband was awarded a profit-sharing plan, and Wife was awarded a portion of the plan. By...

State v. Collins  
Date: July 22, 2011
Citation: 281 Neb.927
Docket Number: S-09-1151

Justia Opinion Summary: Thunder Collins was convicted of first degree murder, attempted second degree murder, first degree assault, and use of a weapon to commit a felony. At the conclusion of the trial and after Collins' case was submitted to...

State ex rel. Counsel for Dis. v. Wintroub
Date: July 22, 2011
Citation: 281 Neb. 957
Docket Number: S-10-187
In re Interest of Jamyia M.  
Date: July 22, 2011
Citation: 281 Neb. 964
Docket Number: S-10-208

Justia Opinion Summary: Jamyia, a minor child of Navajo decent, was removed from her parents' home after doctors discovered that Jamyia suffered injuries consistent with shaken baby syndrome. The juvenile court entered a dispositional order tha...

StoreVisions Inc. v. Omaha Tribe of Nebraska
Date: July 22, 2011
Citation: 281 Neb. 978
Docket Number: S-10-280
Cesar C. v. Alicia L.  
Date: July 22, 2011
Citation: 281 Neb. 979
Docket Number: S-10-924

Justia Opinion Summary: After Alicia L. gave birth to Jaime, Cesar C. and Alicia signed an acknowledgment of paternity form acknowledging that Cesar was Jaime's biological father. The signatures were notarized. Cesar and Jaime lived together fo...

State v. Pullens  
Date: July 15, 2011
Citation: 281 Neb. 828
Docket Number: S-09-588

Justia Opinion Summary: A jury found Stephen Pullens guilty of killing his mother by throwing her over a balcony. On appeal, the Supreme Court affirmed, holding (1) the trial court did not abuse its discretion by allowing hearsay evidence of a...

State v. Kass  
Date: July 15, 2011
Citation: 281 Neb. 892
Docket Number: S-10-315

Justia Opinion Summary: David Kass was found guilty of enticement by an electronic communication device under Neb. Rev. Stat. 28-833, which proscribes a person age nineteen or older from knowingly and intentionally using an electronic communica...

In re Interest of Katrina R.  
Date: July 15, 2011
Citation: 281 Neb. 907
Docket Number: S-10-643

Justia Opinion Summary: After it was discovered that Katrina R., who was fifteen years old at the time, sent nude photographs of herself to her boyfriend's cellular phone, Katrina was adjudicated under Neb. Rev. Stat. 43-247(3)(b) as a child wh...

In re Interest of D.I.  
Date: July 15, 2011
Citation: 281 Neb. 917
Docket Number: S-10-717

Justia Opinion Summary: After D.I. was convicted of sexual assault of a child and was adjudged to be a dangerous sex offender, D.I. was committed to secure inpatient treatment. Three years later, D.I. filed a motion for reconsideration before t...

State ex rel. Counsel for Dis. v. Herzog
Date: July 8, 2011
Citation: 281 Neb. 816
Docket Number: S-10-018
Cotton v. State  
Date: July 1, 2011
Citation: 281 Neb. 789
Docket Number: S-10-114

Justia Opinion Summary: Plaintiff Kimberly Cotton was severely injured in an accident that occurred when a pickup crossed the centerline and struck her vehicle. The pickup had been struck by a Ford Mustang driven by a man who was seeking to eva...

American Nat'l Bank v. Medved  
Date: July 1, 2011
Citation: 281 Neb. 799
Docket Number: S-10-611, S-10-616

Justia Opinion Summary: These two consolidated appeals arose from actions taken by American National Bank (ANB) to execute on a judgment against Michael Medved, an Arizona resident with business interests in Nebraska. Medved's wife, Laura, unsu...

Maycock v. Hoody  
Date: June 24, 2011
Citation: 281 Neb. 767
Docket Number: S-09-944

Justia Opinion Summary: Appellant David Maycock, in his capacity as special administrator of the estate of Marty Maycock, filed a complaint alleging medical malpractice and wrongful death against various doctors and Alegent Health based on thei...

Palmer v. Lakeside Wellness Ctr.  
Date: June 24, 2011
Citation: 281 Neb. 780
Docket Number: S-10-974

Justia Opinion Summary: Appellant April Palmer, a member of Lakeside Wellness Center, was injured at Lakeside when she approached a treadmill and, unaware that the treadmill belt was running, stepped onto the treadmill and was thrown off the be...

Devese v. Transguard Ins. Co. of America  
Date: June 17, 2011
Citation: 281 Neb. 733
Docket Number: S-10-250

Justia Opinion Summary: Stephen O'Bryant, a commercial truckdriver, was killed during the course of his employment as the result of a motor vehicle accident. Sylvia Devese, the representative of his estate, sought to recover under O'Bryant's oc...

American Central City, Inc. v. Joint Antelope Valley Auth.  
Date: June 17, 2011
Citation: 281 Neb. 742
Docket Number: S-10-646, S-10-647

Justia Opinion Summary: American Central City (ACC) appealed from two separate decisions of the district court. The cases were consolidated before the Supreme Court and involved complaints regarding the condemnation of three properties located...

In re Interest of Trey H.  
Date: June 17, 2011
Citation: 281 Neb. 760
Docket Number: S-10-953

Justia Opinion Summary: A county court, sitting as juvenile court, adjudicated Trey H. and committed him to the custody of the Office of Juvenile Services (OJS) with placement in his parental home. After Trey violated his treatment plan, the co...

In re Trust Created by Hansen  
Date: June 10, 2011
Citation: 281 Neb. 693
Docket Number: S-10-537, S-10-902

Justia Opinion Summary: Ruth Mansfield, the beneficiary of an inter vivos trust, died in 2005 after more than a decade of battling diffuse cerebrovascular disease. After Ruth's death, her estate sought payment of her last-illness expenses from...

R & B Farms v. Cedar Valley Acres  
Date: June 10, 2011
Citation: 281 Neb. 706
Docket Number: S-10-568

Justia Opinion Summary: This case arose from a boundary dispute between R and B Farms and Cedar Valley Acres. The disputed property, a parcel of cropland located north of a fence, was encompassed by a legal description deeded to Cedar Valley un...

State v. Oceguera  
Date: June 10, 2011
Citation: 281 Neb. 717
Docket Number: S-10-605

Justia Opinion Summary: Eleazar Oceguera was convicted of DUI and operating a motor vehicle to avoid arrest. At the sentencing and enhancement hearing the State offered three certified copies of prior convictions, the first of which was for dri...

McLaughlin Freight Lines v. Gentrup  
Date: June 10, 2011
Citation: 281 Neb. 725
Docket Number: S-10-637

Justia Opinion Summary: In 2009, a semi-trailer truck owned by McLaughlin Freight Lines collided with cattle owned by Marvin Gentrup that had escaped from their holding pen. McLaughlin filed suit, seeking recovery for damages to its truck. McLa...

Middle Niobrara Natural Resources Dept. v. Dept. of Natural Resources  
Date: June 3, 2011
Citation: 281 Neb. 634
Docket Number: S-09-1311

Justia Opinion Summary: Appellants, four natural resources districts ("NRDs"), appealed the Department's 2009 order finding that in 2008, the basin was fully appropriated. Michael Jacobson, a landowner in the basin, cross-appealed. As a thresho...

Tierney v. Four H Land Co. Ltd.  
Date: June 3, 2011
Citation: 281 Neb. 658
Docket Number: S-10-103

Justia Opinion Summary: James Tierney and Jeffrey Tierney brought an action against Four H Land Company and other defendants to compel them to lower the elevation of a lakeside housing development adjoining the Tierneys' land. The district cour...

State ex rel. Counsel for Dis. v. Pierson
Date: June 3, 2011
Citation: 281 Neb. 673
Docket Number: S-10-304
State v. Nero  
Date: June 3, 2011
Citation: 281 Neb. 680
Docket Number: S-10-457

Justia Opinion Summary: Terence Nero was charged with burglary, a class three felony. Nero waived his right to a jury trial, and a bench trial followed. The district court declined to make a specific finding regarding which felony it determined...

Nebraska v. Ellis  
Date: May 27, 2011
Citation: 281 Neb. 571
Docket Number: S-09-148

Justia Opinion Summary: Defendant Roy Ellis was convicted of first-degree murder in connection with the killing of a 12-year old girl. For this, he was sentenced to death. Defendant appealed his conviction and sentence to the Supreme Court. Alt...

Nebraska v. Yos-Chiguil  
Date: May 27, 2011
Citation: 281 Neb. 618
Docket Number: S-10-671

Justia Opinion Summary: In 2008, Appellant Mauro Yos-Chiguil pled nolo contendere to murder and assault charges. The Court of Appeals dismissed his direct appeal as untimely. Appellant unsuccessfully sought relief under the state's immigration...

In re Interest of D.H.  
Date: May 20, 2011
Citation: 281 Neb. 554
Docket Number: S-10-617

Justia Opinion Summary: The Lancaster County Mental Health Board (Board) determined that D.H. was a “dangerous sex offender” within the meaning of the Sex Offender Commitment Act (SOCA) and should be committed for inpatient treatment. The deter...

In re Interest of A.M.  
Date: May 13, 2011
Citation: 281 Neb. 482
Docket Number: S-10-320

Justia Opinion Summary: In the early 1990’s, a jury found A.M. guilty of first-degree sexual assault, and the court sentenced him to prison. Shortly before his release in 2008, the State filed a petition under the Sex Offender Commitment Act (S...

Village of Hallam v. L.G. Barcus & Sons  
Date: May 13, 2011
Citation: 281 Neb. 516
Docket Number: S-10-406

Justia Opinion Summary: L.G. Barcus & Sons, Inc. (Barcus) was held liable to the Village of Hallam under the state One-Call Notification System Act (Act) for damage to Hallam’s sanitary sewer system. The Act established a one-call notification...

Liddell-Toney v. Department of Health & Human Servs.  
Date: May 13, 2011
Citation: 281 Neb. 532
Docket Number: S-10-527

Justia Opinion Summary: The Nebraska Department of Health and Human Services (DHSS) determined that Darline Liddell-Toney was required to participate in a self-sufficiency program in order to receive benefits under the Welfare Reform Act, despi...

J.M. v. Hobbs  
Date: May 13, 2011
Citation: 281 Neb. 539
Docket Number: S-10-600

Justia Opinion Summary: Nebraska law provides that a court may order any non-exempt property of a judgment debtor to be applied toward the satisfaction of the judgment, but the Nebraska State Patrol Retirement Act (the Act) provides that annuit...

Nebraska v. Martinez-Ibarra  
Date: May 13, 2011
Citation: 281 Neb. 547
Docket Number: S-10-750

Justia Opinion Summary: Wilberth Martinez-Ibarra was found to be the biological father of a minor child born to Patricia Mayorga in 2007. Mr. Martinez-Ibarra and Ms. Mayorga entered into a parenting plan, and Martinez-Ibarra was ordered to pay...

Mandolfo v. Mandolfo  
Date: May 6, 2011
Citation: 281 Neb. 443
Docket Number: S-09-1175

Justia Opinion Summary: Joseph (Joe) Mandolfo sued his brother Mario and American National Bank (ANB). At one time, Joe owned several businesses, some of which had accounts with ANB. After his brother Mario lost his job as a teacher, Joe hired...

Brook Valley Ltd. Part. v. Mutual of Omaha Bank  
Date: May 6, 2011
Citation: 281 Neb. 455
Docket Number: S-10-043

Justia Opinion Summary: Appellant Brook Valley Limited Partnership (BVLP) filed suit at the district court in 2004 against Mutual Omaha Bank over loans made by the bank. The loans were secured by a partnership property. The real property was ul...

In re Interest of Meridian H.  
Date: May 6, 2011
Citation: 281 Neb. 465
Docket Number: S-10-905

Justia Opinion Summary: Meridian H. is a 3-year-old girl who had been in foster care for all but a few weeks of her life. Her presumed biological father had died before she was born, and her biological mother’s parental rights were terminated....

Nebraska v. Riley  
Date: April 28, 2011
Citation: 281 Neb. 394
Docket Number: S-09-731

Justia Opinion Summary: In 2006, Appellant-Defendant Anthony Riley was convicted in the district court for manslaughter and attempted second degree murder stemming from the drive-by shooting that ended with one death and three others injured. P...

Moats v. Republican Party of Nebraska  
Date: April 28, 2011
Citation: 281 Neb. 411
Docket Number: S-09-929

Justia Opinion Summary: The Appellant Rex Moats was a former candidate for the thirty ninth district of Nebraska Legislature. During the course of the 2008 election, the Republican Party paid for and distributed publications in opposition to Mo...

Vandenberg v. Butler County Bd. of Equal.  
Date: April 28, 2011
Citation: 281 Neb. 437
Docket Number: S-10-783

Justia Opinion Summary: Appellee Betty Vandenberg owned a parcel of land which she leased to individuals who farmed the land. The parcel contained a well, a pump, motor, gear box, and pipe, all of which were used to irrigate the land. The centr...

State v. Golka  
Date: April 22, 2011
Citation: 281 Neb. 360
Docket Number: S-10-484

Justia Opinion Summary: Appellant Jason Golka was convicted in the district court for Sarpy County of two counts of first degree murder pursuant to a guilty plea. Appellant was sentenced to two consecutive sentences of life imprisonment “withou...

State ex rel. Comm. on Unauth. Prac. of Law v. Yah
Date: April 22, 2011
Citation: 281 Neb. 383
Docket Number: S-10-882
State v. Miller
Date: April 15, 2011
Citation: 281 Neb. 343
Docket Number: S-10-582
In re Application of Neb. Pub. Power Dist.
Date: April 15, 2011
Citation: 281 Neb. 350
Docket Number: S-10-707
State v. Shambley
Date: April 8, 2011
Citation: 281 Neb. 317
Docket Number: S-10-556
State ex rel. Counsel for Dis. v. Thomas
Date: April 8, 2011
Citation: 281 Neb. 336
Docket Number: S-11-180
State ex rel. Counsel for Dis. v. Ferguson
Date: April 8, 2011
Citation: 281 Neb. 340
Docket Number: S-11-227
State v. Hotz
Date: April 1, 2011
Citation: 281 Neb. 260
Docket Number: S-10-105
Gary's Implement v. Bridgeport Tractor Parts
Date: April 1, 2011
Citation: 281 Neb. 281
Docket Number: S-10-122
State v. Sidzyik
Date: April 1, 2011
Citation: 281 Neb. 305
Docket Number: S-10-278
StoreVisions v. Omaha Tribe o Neb.
Date: March 25, 2011
Citation: 281 Neb. 238
Docket Number: S-10-280
Riggs v. Nickel
Date: March 25, 2011
Citation: 281 Neb. 249
Docket Number: S-10-459
State v. Borst
Date: March 18, 2011
Citation: 281 Neb. 217
Docket Number: S-09-1084
Behrens v. Blunk
Date: March 18, 2011
Citation: 281 Neb. 228
Docket Number: S-10-342
City of Falls City v. Nebraska Mun. Power Pool
Date: March 18, 2011
Citation: 281 Neb. 230
Docket Number: S-10-458
Tolbert v. Jamison
Date: March 11, 2011
Citation: 281 Neb. 206
Docket Number: S-09-687
State ex rel. Counsel for Dis. v. Thew
Date: March 4, 2011
Citation: 281 Neb. 171
Docket Numbers: S-09-567, S-09-820, S-10-380
In re Margaret Mastny Revocable Trust
Date: March 4, 2011
Citation: 281 Neb. 188
Docket Numbers: S-10-431, S-10-432
Schropp Indus. v. Washington Cty. Atty.'s Ofc.
Date: February 25, 2011
Citation: 281 Neb. 152
Docket Numbers: S-10-361, S-10-831
State v. Landis
Date: February 18, 2011
Citation: 281 Neb. 139
Docket Number: S-09-1313
Travelers Indem. Co. v. Gridiron Mgmt. Group
Date: February 11, 2011
Citation: 281 Neb. 113
Docket Number: S-10-068
In re Estate of Craven
Date: February 11, 2011
Citation: 281 Neb. 122
Docket Number: S-10-393
State v. Sharp
Date: February 11, 2011
Citation: 281 Neb. 130
Docket Number: S-10-622
Dobrovolny v. Ford Motor Co.
Date: February 4, 2011
Citation: 281 Neb. 86
Docket Number: S-09-1118
Cargill Meat Solutions v. Colfax Cty. Bd. of Equal.
Date: February 4, 2011
Citation: 281 Neb. 93
Docket Number: S-09-1252
State v. Chavez
Date: February 4, 2011
Citation: 281 Neb. 99
Docket Number: S-10-270
State v. Erickson
Date: January 28, 2011
Citation: 281 Neb. 31
Docket Number: S-09-1152
Robinson v. Dustrol Inc.
Date: January 28, 2011
Citation: 281 Neb. 45
Docket Number: S-10-045
Shepherd v. Chambers
Date: January 28, 2011
Citation: 281 Neb. 57
Docket Number: S-10-157
Banks v. Housing Auth. of City of Omaha
Date: January 28, 2011
Citation: 281 Neb. 67
Docket Number: S-10-302
In re Interest of C.R.
Date: January 28, 2011
Citation: 281 Neb. 75
Docket Number: S-10-307
State v. Garcia
Date: January 21, 2011
Citation: 281 Neb. 1
Docket Number: S-10-231
Tapia-Reyes v. Excel Corp.
Date: January 21, 2011
Citation: 281 Neb. 15
Docket Number: S-10-474
Fleming v. Civil Serv. Comm. of Douglas Cty.
Date: January 14, 2011
Citation: 280 Neb. 1014
Docket Number: S-10-166
Zawaideh v. Nebraska Dept. of Health & Human Servs.
Date: January 7, 2011
Citation: 280 Neb. 997
Docket Number: S-10-158
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