Nebraska Supreme Court Decisions 2012

State v. Magallanes  
Date: December 21, 2012
Citation: 284 Neb. 871
Docket Number: S-11-1033

Justia Opinion Summary: Following a bench trial, Appellant was convicted of two counts of possession with intent to deliver a controlled substance and two counts of failure to affix a drug tax stamp. Appellant appealed, arguing that probable ca...

State v. Burbach
Date: December 21, 2012
Citation: 284 Neb. 870
Docket Number: S-11-424
Spady v. Spady  
Date: December 21, 2012
Citation: 284 Neb. 885
Docket Number: S-12-139

Justia Opinion Summary: Upon the dissolution of the parties' marriage, the district court entered an order requiring Husband to pay Wife temporary alimony. While Husband's appeal was pending, Wife filed a motion asking the district court to awa...

Werner v. County of Platte  
Date: December 21, 2012
Citation: 284 Neb. 899
Docket Number: S-12-202

Justia Opinion Summary: Plaintiff was a passenger in a car that a law enforcement officer was pursuing when the driver lost control of the car, and the car flipped over. Plaintiff sued County for injuries he sustained during the vehicular pursu...

State v. Qualls  
Date: December 21, 2012
Citation: 284 Neb. 929
Docket Number: S-12-409

Justia Opinion Summary: Appellant pled guilty to one count of theft by deception in the amount of $500 to $1500 pursuant to a plea bargain. Appellant appealed, contending that the district court erred in failing to inform him that he had a righ...

In re Candice H.  
Date: December 21, 2012
Citation: 284 Neb. 935
Docket Number: S-12-424

Justia Opinion Summary: After an amended petition was filed in the juvenile court alleging the Candice H., a juvenile, had possessed marijuana and drug paraphernalia, the juvenile court placed Candice under the supervision of a probation office...

State ex rel. Counsel for Dis. v. Phillips
Date: December 21, 2012
Citation: 284 Neb. 940
Docket Number: S-12-481
In re Zylena R.  
Date: December 14, 2012
Citation: 284 Neb. 834
Docket Number: S-11-659

Justia Opinion Summary: Mother's two Indian children, both minors, were placed in foster care by a separate juvenile court. After the State filed a motion to terminate parental rights, the Omaha Tribe of Nebraska sought to transfer the proceedi...

In re Samantha L.  
Date: December 14, 2012
Citation: 284 Neb. 856
Docket Number: S-12-150

Justia Opinion Summary: On October 22, 2010, an amended petition was filed in juvenile court alleging improper care of two minor children. After twice continuing the permanency planning hearing because opposing counsel objected to reports offer...

Peterson v. Houston  
Date: December 14, 2012
Citation: 284 Neb. 861
Docket Number: S-12-242

Justia Opinion Summary: On October 7, the State filed an amended information in Butler County charging Appellant with one count of attempted first degree sexual assault and one count of second-offense violation of a protection order. Appellant...

Intercall Inc. v. Engenera, Inc.  
Date: December 7, 2012
Citation: 284 Neb. 801
Docket Number: S-11-1003

Justia Opinion Summary: This dispute arose from a contractual relationship between Appellant, a provider of audio, Web, and video conferencing services, and Appellee, a corporation engaged in the sale of business software. After Appellee failed...

U.S. Bank Nat'l Ass'n v. Peterson  
Date: December 7, 2012
Citation: 284 Neb. 820
Docket Number: S-11-1105

Justia Opinion Summary: Bank sued five guarantors (Guarantors) following defaults on the underlying notes. During discovery, Bank tendered requests for admissions to each of Guarantors, including a request to admit the specific amount due on th...

Pro. Mgmt. Midwest, Inc. v. Lund Co.  
Date: December 7, 2012
Citation: 284 Neb. 777
Docket Number: S-11-948

Justia Opinion Summary: Plaintiff corporation and two of its officers brought suit against Defendant, a brokerage firm, to recover damages that allegedly resulted when the president of the corporation independently engaged the brokerage firm's...

Krzycki v. Krzycki  
Date: November 30, 2012
Citation: 284 Neb. 729
Docket Number: S-11-1080

Justia Opinion Summary: Shirley Krzycki was the sole settlor, trustee, and beneficiary of the Shirley Krzycki Trust established to hold annual payments from an insurance settlement. Upon Shirley's death, Shirley's son Greg was named successor t...

State v. Watkins  
Date: November 30, 2012
Citation: 284 Neb. 742
Docket Number: S-11-1105

Justia Opinion Summary: Defendant pled guilty to second degree murder and was sentenced to forty years to life in prison. The conviction was summarily affirmed. After his first petition for postconviction relief was denied, Defendant filed a pr...

State v. Scott  
Date: November 30, 2012
Citation: 284 Neb. 703
Docket Number: S-11-894

Justia Opinion Summary: Defendant appealed his convictions for second degree assault, use of a deadly weapon to commit a felony, and unlawful membership recruitment into an organization or association in violation of Neb. Reb. Stat. 28-1351. Th...

State v. Poe  
Date: November 30, 2012
Citation: 284 Neb. 750
Docket Number: S-12-141

Justia Opinion Summary: Defendant was convicted of first degree felony murder and use of a deadly weapon to commit a felony. His convictions were affirmed on direct appeal. Defendant subsequently filed a motion for postconviction relief, claimi...

State v. Smith  
Date: November 16, 2012
Citation: 284 Neb. 636
Docket Number: S-10-442

Justia Opinion Summary: Defendant was convicted by a jury of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The court of appeals (1) affirmed the assault and weapon convictions and found that the t...

Amen v. Asture  
Date: November 16, 2012
Citation: 284 Neb. 691
Docket Number: S-11-1094

Justia Opinion Summary: After her Father's death, Mother underwent intrauterine insemination using Father's cryopreserved sperm. The procedure was successful, and Mother gave birth to a child. Mother subsequently applied to the Social Security...

Blakely v. Lancaster County  
Date: November 16, 2012
Citation: 284 Neb. 659
Docket Number: S-11-686

Justia Opinion Summary: Appellant filed a grievance alleging that Lancaster County denied him an opportunity to fairly compete for job vacancies because County officials did not follow the County's personnel rules. There were two vacancies at i...

State v. Ramirez  
Date: November 16, 2012
Citation: 284 Neb. 697
Docket Number: S-12-178

Justia Opinion Summary: Defendant pled no contest to first degree sexual assault. The district court sentenced Defendant to twenty-five to thirty years' imprisonment with credit for 224 days served. The two issues presented for review in this a...

State v. Gaskill  
Date: November 9, 2012
Citation: 284 Neb. 605
Docket Number: S-11-528

Justia Opinion Summary: Defendant was convicted of a class IV felony based on his failure to comply with certain registration provisions of the Sex Offender Registration Act (SORA). The Supreme Court affirmed. The Court subsequently sustained D...

State v. Kitt  
Date: November 9, 2012
Citation: 284 Neb. 611
Docket Number: S-11-629

Justia Opinion Summary: After a jury trial at which the jury was instructed on aiding and abetting, Defendant was convicted of robbery, attempted robbery, two counts of use of a weapon to commit a felony, and second degree assault. As postconvi...

Bacon v. DBI/SALA  
Date: November 2, 2012
Citation: 284 Neb. 579
Docket Number: S-11-194

Justia Opinion Summary: Employee was severely injured while working for Employer. Employer and its Insurer began paying lifetime workers' compensation benefits. Employee brought a separate negligence action against Employer's parent company (Ri...

Obermiller v. Baasch  
Date: October 26, 2012
Citation: 284 Neb. 542
Docket Number: S-11-1042

Justia Opinion Summary: This appeal, filed by brothers Gary and Dennis Baasch (Appellants), concerned disputed land located in Howard County. After a bench trial, the district court for Howard County denied Gary Baasch's counterclaim for quiet...

State v. Howell  
Date: October 26, 2012
Citation: 284 Neb. 559
Docket Number: S-12-115

Justia Opinion Summary: Defendant was convicted of possession of a controlled substance with intent to distribute and no drug tax stamp. The principle issue on appeal was whether a reasonable person would understand that a general consent to se...

State v. McCarthy  
Date: October 26, 2012
Citation: 284 Neb. 572
Docket Number: S-12-478

Justia Opinion Summary: Defendant was convicted of theft by shoplifting, $200 or less. The district court relied on two prior county court convictions to enhance the crime for punishment as a Class IV felony. In the second of these two prior pr...

State v. Nadeem  
Date: October 19, 2012
Citation: 284 Neb. 513
Docket Number: S-10-981

Justia Opinion Summary: Defendant was convicted in a jury trial of one count of attempted first degree sexual assault and one count of attempted third degree sexual assault of a child. During the proceedings, the jurors were addressed by juror...

Martin v. Ullsperger  
Date: October 19, 2012
Citation: 284 Neb. 526
Docket Number: S-11-1066

Justia Opinion Summary: The parties here were the surviving children of Decedent. Under Decedent's will, they were beneficiaries of a joint life estate interest in farmland. The will provided that no life tenant or remainderman could partition...

Floral Lawns Mem'l Gardens Ass'n v. Becker  
Date: October 19, 2012
Citation: 284 Neb. 532
Docket Number: S-11-1077

Justia Opinion Summary: The district court placed Appellant's corporation, a cemetery association, into receivership and approved the winding up of the business and its dissolution. The court then fashioned an equitable remedy for distribution...

Buckeye State Mut. Ins. Co. v. Humlicek  
Date: October 12, 2012
Citation: 284 Neb. 463
Docket Number: S-11-796

Justia Opinion Summary: Owners of a duplex insured a building through two concurrently issued, identical policies - one for each unit. A fire damages the entire structure, and Insurer paid the owners' claims under both policies. Insurer then br...

State v. Nave  
Date: October 12, 2012
Citation: 284 Neb. 477
Docket Number: S-11-798

Justia Opinion Summary: The State charged Defendant with numerous crimes, including first degree murder, criminal conspiracy, and two weapons charges. A jury found Defendant guilty on all counts. Defendant appealed, asserting (1) the prosecutor...

State v. Miller  
Date: October 12, 2012
Citation: 284 Neb. 498
Docket Number: S-12-019

Justia Opinion Summary: After successfully appealing his conviction for first degree murder and use of a weapon to commit a felony, Appellant pled guilty upon remand to manslaughter and use of a weapon to commit a felony. Appellant asserted tha...

State ex rel. Counsel for Dis. v. Jorgenson
Date: October 12, 2012
Citation: 284 Neb. 507
Docket Number: S-12-269
Olson v. Wrenshall  
Date: October 5, 2012
Citation: 284 Neb. 445
Docket Number: S-11-1030

Justia Opinion Summary: This was an appeal after summary judgment in a medical malpractice action. A kidney donor brought suit after his donated kidney was rendered useless by allegedly negligent medical treatment provided to the donee. At issu...

In re Ashley W.  
Date: October 5, 2012
Citation: 284 Neb. 424
Docket Number: S-11-535

Justia Opinion Summary: The juvenile court adjudicated Ashley W. as a child within the meaning of Neb. Rev. Stat. 43-247(1) for possession of marijuana. Ashley appealed, and the court of appeals affirmed in a memorandum opinion. The court of ap...

Behrens v. Blunk  
Date: October 5, 2012
Citation: 284 Neb. 454
Docket Number: S-12-093

Justia Opinion Summary: Plaintiffs here were Bryan Behrens, Bryan Behrens Co., Inc., National Investments, Inc., and Thomas Stalnaker. Defendants were Christian Blunk, Berkshire and Blunk, and Abrahams Kaslow & Cassman LLP. In 2008, the SEC fil...

Becerra v. UPS  
Date: September 28, 2012
Citation: 284 Neb. 414
Docket Number: S-11-1098

Justia Opinion Summary: An hourly employee who worked part-time while attending college sustained a work-related injury. At issue before the Supreme Court was how to calculate the employee's average weekly wage in order to determine the appropr...

State v. Edwards  
Date: September 28, 2012
Citation: 284 Neb. 382
Docket Number: S-11-273

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon to commit a felony. The Supreme Court affirmed. Defendant subsequently filed a motion for postconviction relief, claiming tha...

State ex rel. Counsel for Dis. v. Palik
Date: September 21, 2012
Citation: 284 Neb. 353
Docket Number: S-11-257
Jones v. Jones  
Date: September 21, 2012
Citation: 284 Neb. 361
Docket Number: S-11-668

Justia Opinion Summary: The district court gave a pro se inmate notice of the court's intent to dismiss the inmate's marital dissolution proceeding but identified two ways of avoiding dismissal. The inmate timely performed one of the court's sp...

In re Estate of McKillip  
Date: September 21, 2012
Citation: 284 Neb. 367
Docket Number: S-11-822

Justia Opinion Summary: This was an action for partition of the real property in the estate of Ronald McKillip. At the time of his death, McKillip owned four tracts of land. McKillip's will left the property to his three daughters, "share and s...

In re Interest of Erick H.  
Date: September 14, 2012
Citation: 284 Neb. 340
Docket Number: S-11-919

Justia Opinion Summary: Erick M., a juvenile, requested that the juvenile court enter an order finding that under 8 U.S.C. 1101(a)(27)(J), he was eligible for "special immigrant juvenile" (SIJ) status. SIJ status allows a juvenile immigrant to...

State v. Payne-McCoy  
Date: August 17, 2012
Citation: 284 Neb. 302
Docket Number: S-11-530

Justia Opinion Summary: Defendant was charged with possession of crack cocaine with intent to deliver and criminal conspiracy. At trial, evidence of previous drug deals between a confidential informant and Defendant was admitted with a limiting...

State v. Alarcon-Chavez  
Date: August 17, 2012
Citation: 284 Neb. 322
Docket Number: S-11-779

Justia Opinion Summary: Defendant was convicted of first degree murder, use of a deadly weapon to commit a felony, and tampering with a witness. In this direct appeal, Defendant contended (1) the district court erred in overruling his motion to...

Bridgeport Ethanol v. Neb. Dep't of Revenue  
Date: August 10, 2012
Citation: 284 Neb. 291
Docket Number: S-11-916

Justia Opinion Summary: After Claimant's attempt to obtain a refund of sales tax on building materials used in the construction of an ethanol production plant was administratively denied in part, Claimant sought judicial review. This appeal tur...

Green v. Box Butte Gen. Hosp.  
Date: August 3, 2012
Citation: 284 Neb. 243
Docket Number: S-11-576

Justia Opinion Summary: Bradley Green, a paraplegic, sued Box Butte General Hospital after he fell and injured his left shoulder while admitted as a patient. The hospital allowed Green to have his shower chair brought from home and to attempt a...

State ex rel. Bruning v. Gale  
Date: August 3, 2012
Citation: 284 Neb. 257
Docket Number: S-11-933

Justia Opinion Summary: After the U.S. Supreme Court declared a campaign finance statute in Arizona to be unconstitutional, the Nebraska Accountability and Disclosure Commission sought an opinion from the Nebraska attorney general as to the con...

Farmington Woods Homeowners Ass'n v. Wolf  
Date: August 3, 2012
Citation: 284 Neb. 280
Docket Number: S-11-970

Justia Opinion Summary: The issue in this appeal was whether a homeowners' association may enforce a covenant prohibiting "business activities of any kind whatsoever" against homeowners who have operated a daycare in their home for a period of...

State v. Freemont  
Date: July 27, 2012
Citation: 284 Neb. 179
Docket Number: S-11-243

Justia Opinion Summary: Following a trial by jury, Defendant was convicted of second degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The court imposed an aggregate sentence of...

State v. Harris  
Date: July 27, 2012
Citation: 284 Neb. 214
Docket Number: S-11-527

Justia Opinion Summary: Defendant appealed his Class IV felony conviction under Neb. Rev. Stat. 29-4011(1) based on his failure to comply with certain registration provisions of Neb. Rev. Stat. 29-4004(9) of the Sex Offender Registration Act (S...

State v. Gaskill  
Date: July 27, 2012
Citation: 284 Neb. 236
Docket Number: S-11-528

Justia Opinion Summary: Defendant was convicted of attempted first degree sexual assault in 1995. The Sex Offender Registration Act (SORA) had not been enacted at the time of Defendant's conviction, but because he was still on probation on Janu...

Connelly v. City of Omaha  
Date: July 20, 2012
Citation: 284 Neb. 131
Docket Number: S-10-879

Justia Opinion Summary: The two minor daughters (Daughters) of Parents were injured in a park in Omaha City when their plastic sled collided with a tree. Parents brought an action against the City to recover medical expenses and loss of service...

McCully, Inc. v. Baccaro Ranch Co.  
Date: July 20, 2012
Citations: 284 Neb. 160, 284 Neb. 161
Docket Number: S-11-952

Justia Opinion Summary: A broker doing business as McCully Ranch Company brought suit against its client Baccaro Ranch, LLC, as seller, claiming that Baccaro breached the real estate listing agreement and that McCully was entitled to a commissi...

Midwest Renewable Energy, LLC v. Bd. of Equalization  
Date: July 13, 2012
Citation: 284 Neb. 34
Docket Number: S-10-1106

Justia Opinion Summary: The Lincoln County Board of Equalization (Board) determined that Midwest Renewable Energy, LLC (Midwest) failed to timely file its 2009 personal property tax return and was therefore subject to a penalty. Midwest appeale...

State v. Seberger  
Date: July 13, 2012
Citation: 284 Neb. 40
Docket Number: S-10-1207

Justia Opinion Summary: Defendant Francis Seberger was convicted of first degree murder. His conviction was affirmed by the Supreme Court. Defendant subsequently filed a motion for postconviction relief, raising Sixth Amendment concerns regardi...

State v. Abram  
Date: July 13, 2012
Citation: 284 Neb. 55
Docket Number: S-11-057

Justia Opinion Summary: Defendant was convicted of attempted first degree murder, use of a weapon to commit a felony, criminal conspiracy, and tampering with a witness. On appeal, the Supreme Court first rejected Defendant's claim that the dist...

State v. Kibbee  
Date: July 13, 2012
Citation: 284 Neb. 72
Docket Number: S-11-361

Justia Opinion Summary: Defendant was convicted by a jury of first degree sexual assault and felony child abuse. At issue on appeal was the admission of evidence of Defendant's prior sexual contacts with minors, which Defendant claimed violated...

Employees United Labor Ass'n v. Douglas County  
Date: July 13, 2012
Citation: 284 Neb. 121
Docket Number: S-11-712

Justia Opinion Summary: In these consolidated appeals, the Commission of Industrial Relations (CIR) determined that Douglas County committed a prohibited labor practice when it increased union members' monthly health insurance premiums without...

Rosberg v. Vap  
Date: July 13, 2012
Citation: 284 Neb. 104
Docket Number: S-11-734

Justia Opinion Summary: Kelly and Paul Rosberg challenged the results of elections for seats on the Public Service Commission (PSC). The Rosbergs lost in the primaries to Gerald Vap and Rod Johnson, respectively. After the general election, the...

Douglas Cty. Health Ctr. Sec. Union v. Douglas County  
Date: July 13, 2012
Citation: 284 Neb. 109
Docket Number: S-11-778

Justia Opinion Summary: The Douglas County Health Center Security Union (Union) filed a petition before the Commission of Industrial Relations (CIR) alleging that its employer, Douglas County (County), had engaged in certain prohibited practice...

State ex rel. Counsel for Dis. v. Beltzer
Date: June 29, 2012
Citation: 284 Neb. 28
Docket Number: S-11-688
D & S Realty, Inc. v. Markel Ins. Co.  
Date: June 22, 2012
Citation: 284 Neb. 1
Docket Number: S-11-664

Justia Opinion Summary: This was an appeal after a retrial on remand in a breach of contract claim by Insured against Insurer. At issue on appeal was the optional replacement cost coverage that Insured contracted. The question was whether Insur...

Bock v. Dalbey  
Date: June 15, 2012
Citation: 283 Neb. 994
Docket Number: S-10-973

Justia Opinion Summary: The district court dissolved the marriage of Jennifer Dalbey, Appellant, and Matthew Bock. At issue on appeal was whether a trial court in a martial dissolution action has the discretion to order the parties to file a jo...

Carlos H. v. Lindsay M.  
Date: June 15, 2012
Citation: 283 Neb. 1004
Docket Number: S-11-548

Justia Opinion Summary: Lindsay gave birth to Alexander, whose biological father was Carlos. Lindsay and Carlos, who were both fifteen years of age at the time of Alexander's birth, were never married. Lindsay planned to place the child for ado...

In re Kendra M.  
Date: June 15, 2012
Citation: 283 Neb. 1014
Docket Number: S-11-695

Justia Opinion Summary: The Mother of three children appealed from an order of the county court, sitting as a juvenile court, terminating her parental rights to the three minor children. Paternal rights were not at issue in this case. The Supre...

Engler v. State  
Date: June 8, 2012
Citation: 283 Neb. 985
Docket Number: S-11-182

Justia Opinion Summary: The State of Nebraska Accountability and Disclosure Commission issued an advisory opinion answering the question of whether Omaha firefighters can engage in a campaign to raise funds for the Muscular Dystrophy Associatio...

Jeffrey B. v. Amy L.  
Date: June 1, 2012
Citation: 283 Neb. 940
Docket Number: S-11-561

Justia Opinion Summary: Amy L. was the biological mother of Fianna. In 2001, the district court entered a paternity decree finding Jeffrey B. to be Fianna's father. Several years later, Amy began to suspect that Todd W. was Fianna's father. In...

Mut. of Omaha Bank v. Kassebaum  
Date: June 1, 2012
Citation: 283 Neb. 952
Docket Number: S-11-749

Justia Opinion Summary: Mutual of Omaha Bank filed a petition seeking declaratory judgment against Patrick and April Kassebaum, who owed the Bank payments due under several promissory notes. In particular, the Bank sought to have the district c...

Westin Hills Townhome Owners Ass'n v. Fed. Nat'l Mortgage Ass'n  
Date: June 1, 2012
Citation: 283 Neb. 960
Docket Number: S-11-817

Justia Opinion Summary: Westin Hills West Three Townhome Owners Association (the Association) appealed an order of the district court, which entered summary judgment in favor of the owner of the property, Federal National Mortgage Association,...

Feloney v. Baye  
Date: June 1, 2012
Citation: 283 Neb. 972
Docket Number: S-11-879

Justia Opinion Summary: For several years, Michael Feloney used his neighbor Robert Baye's driveway to turn his vehicle to enter his garage. Eventually Baye decided to build a retaining wall on his driveway, which prevented Feloney from using B...

State ex rel. Counsel for Dis. v. Murphy
Date: June 1, 2012
Citation: 283 Neb. 982
Docket Number: S-12-278
Sherman v. Neth  
Date: May 25, 2012
Citation: 283 Neb. 895
Docket Number: S-10-945

Justia Opinion Summary: This case involved a civil administrative operator's license revocation for refusal to submit to a chemical test. The Department of Motor Vehicles revoked the operator's license of Ronald Sherman for one year, and the di...

Butler County Sch. Dist. v. Freeholder Petitioners  
Date: May 25, 2012
Citation: 283 Neb. 903
Docket Number: S-11-562

Justia Opinion Summary: The East Butler and Prague public school districts filed a petition for dissolution and merger with the Committee for the Reorganization of School Districts. Afterwards, Appellees, property owners, filed freeholder petit...

Pittman v. W. Eng'g Co.  
Date: May 25, 2012
Citation: 283 Neb. 913
Docket Number: S-11-584

Justia Opinion Summary: Appellant David Pittman brought a negligence action against Western Engineering Company and Evert Falkena (collectively, Appellees) after David's wife, Robin Pittman, died in a work-related accident while working for Wes...

State v. Sorensen  
Date: May 25, 2012
Citation: 283 Neb. 932
Docket Number: S-11-597

Justia Opinion Summary: Chad Sorensen was convicted of driving under the influence of alcohol (DUI), second offense, with a blood alcohol content over .15. Sorensen was sentenced to probation, and his license was revoked for one year. Sorenson...

In re Interest of David M. et al.
Date: May 18, 2012
Citation: 283 Neb. 867
Docket Number: S-10-968
Anthony Inc. v. City of Omaha  
Date: May 18, 2012
Citation: 283 Neb. 868
Docket Number: S-11-421

Justia Opinion Summary: Appellants in this case operated restaurants in the City of Omaha subject to a municipal ordinance which became effective on October 1, 2010. The ordinance declared itself to be an "occupation tax" on restaurants and dri...

State v. Riensche  
Date: May 11, 2012
Citations: 283 Neb. 820, 283 Neb. 865
Docket Number: S-11-280

Justia Opinion Summary: At issue in this appeal was whether an alleged victim of child sexual abuse may claim a privilege against testifying in the criminal prosecution of the alleged perpetrator pursuant to Neb. Rev. Stat. 25-1210, which provi...

Shipley v. Dep't of Roads  
Date: May 11, 2012
Citation: 283 Neb. 832
Docket Number: S-11-293

Justia Opinion Summary: Jamin Stoddard and Brian Shipley were injured in a collision with a train owned by the Burlington Northern Santa Fe Railway Company (BNSF) at a grade crossing in Cass County. Stoddard's guardians and Shipley brought acti...

Field Club v. Zoning Bd. of Appeals of Omaha  
Date: May 11, 2012
Citation: 283 Neb. 847
Docket Number: S-11-432

Justia Opinion Summary: Volunteers of America, Dakotas (VOA) proposed to build an apartment-style building for veterans in Omaha. To construct the building as planned, VOA applied for variances from area and use restrictions under the Omaha Mun...

State v. Collins  
Date: May 11, 2012
Citation: 283 Neb. 854
Docket Number: S-11-891

Justia Opinion Summary: Thunder Collins was tried and convicted for numerous crimes, including first degree murder. On Collins' first appeal, the Supreme Court remanded the cause for a hearing to determine whether Collins was prejudiced by the...

State v. Kofoed  
Date: May 4, 2012
Citation: 283 Neb.767
Docket Number: S-10-613

Justia Opinion Summary: David Kofoed, the supervisor of the Crime Scene Investigation Division for the sheriff's office was charged with tampering with evidence during the investigation of two suspects in two 2006 murders. After a Neb. R. Evid....

Strode v. Saunders County Bd. of Equalization  
Date: May 4, 2012
Citation: 283 Neb. 802
Docket Number: S-11-352 through S-11-355

Justia Opinion Summary: The underlying cases here involved Randy and Helen Strodes' unsuccessful challenge to the valuation of certain property located in Saunders County. The court of appeals concluded that the Strodes' appeals were not timely...

Spitz v. T.O. Haas Tire Co.  
Date: May 4, 2012
Citation: 283 Neb. 811
Docket Number: S-11-620

Justia Opinion Summary: Roger McCannon died in an accident while working for Appellee T.O. Hass Tire Company. Christy Spitz, with whom McCannon lived for several years, sought workers' compensation death benefits. The trial judge dismissed Spit...

State v. Ross  
Date: April 26, 2012
Citation: 283 Neb. 742
Docket Number: S-11-093

Justia Opinion Summary: Michael Ross was convicted by a jury of discharge of a firearm at a person, building, or occupied motor vehicle while in the proximity of a motor vehicle he had just exited, use of a deadly weapon to commit a felony, and...

State v. Parminter  
Date: April 26, 2012
Citation: 283 Neb. 754
Docket Number: S-11-765

Justia Opinion Summary: The State appealed from a district court order sentencing William Parminter to twelve to eighteen months in prison for aggravated driving under the influence (DUI), third offense, and twelve to fourteen months in prison...

Sellers v. Reefer Sys., Inc.  
Date: April 26, 2012
Citation: 283 Neb. 760
Docket Number: S-11-909

Justia Opinion Summary: Appellant William Sellers injured his left knee in the course of his employment with Reefer Systems and sought workers' compensation benefits. The Nebraska workers' compensation court determined that Sellers was entitled...

State v. Baudlin  
Date: April 20, 2012
Citation: 283 Neb. 678
Docket Number: S-10-1217

Justia Opinion Summary: After a jury trial Patrick Bauldwin was convicted of second degree murder and sentenced to life imprisonment. Bauldwin appealed. The primary issue on appeal was whether the police violated Bauldwin's Miranda rights. The...

State v. Reinhart  
Date: April 20, 2012
Citation: 283 Neb. 710
Docket Number: S-11-464

Justia Opinion Summary: Brandon Reinhart was convicted of using a minor to distribute a controlled substance and conspiracy to use a minor to distribute a controlled substance, specifically marijuana. Reinhart was sentenced to three to five yea...

Prime Alliance Bank v. Bd. of Equalization  
Date: April 20, 2012
Citation: 283 Neb. 732
Docket Number: S-11-526

Justia Opinion Summary: Midwest Renewable Energy and Marquette Equipment Finance (Marquette) executed a master lease agreement for certain manufacturing equipment, including two distillation columns. Later, Marquette assigned its interest in th...

Republic Bank v. Bd. of Equalization  
Date: April 20, 2012
Citation: 283 Neb. 721
Docket Number: S-11-533

Justia Opinion Summary: On April 30, 2010, Midwest Renewable Energy and Marquette Equipment Finance (Marquette) filed a Nebraska personal property return that reported a value of zero dollars for three items involving ethanol manufacturing equi...

State ex rel. Comm. on Unauth. Prac. of Law v. Tyler
Date: April 20, 2012
Citation: 283 Neb. 736
Docket Number: S-11-713
Bond v. Neb. Pub. Power Dist.  
Date: April 13, 2012
Citation: 283 Neb. 629
Docket Number: S-11-006

Justia Opinion Summary: Junior river water appropriators Jack Bond and Joe McClaren Ranch filed a request for a hearing before the Nebraska Department of Natural Resources (Department), challenging the validity of the Department's administratio...

Mamot v. Mamot  
Date: April 13, 2012
Citation: 283 Neb. 659
Docket Number: S-11-516

Justia Opinion Summary: The county district court entered a decree of dissolution of the marriage of Kevin and Valara Mamot. The court determined that the premarital agreement entered into by the parties, although unconscionable, was valid and...

State ex rel. Counsel for Dis. v. Lopez Wilson
Date: April 6, 2012
Citation: 283 Neb. 616
Docket Number: S-10-1246
State ex rel. Counsel for Dis. v. Chavez
Date: April 6, 2012
Citation: 283 Neb. 623
Docket Number: S-11-070
State ex rel. Counsel for Dis. v. Shirk
Date: April 6, 2012
Citation: 283 Neb. 627
Docket Number: S-12-012
State v. Britt  
Date: March 30, 2012
Citation: 283 Neb. 600
Docket Number: S-10-998

Justia Opinion Summary: Tyler Britt was convicted in the county court of first-offense driving under the influence with a concentration of more than .15 of one gram alcohol per 210 liters of breath. The district court affirmed the conviction. T...

In re Shaleia M.  
Date: March 30, 2012
Citation: 283 Neb. 609
Docket Number: S-11-532

Justia Opinion Summary: The juvenile court signed written orders committing and transferring a juvenile to the Youth Rehabilitation and Treatment Center (YRTC). The orders were made in error and did not reflect the court's orally pronounced int...

Neb. Republican Party v. Gale  
Date: March 30, 2012
Citation: 283 Neb. 596
Docket Number: S-12-237

Justia Opinion Summary: This proceeding arose from an objection filed on March 6, 2012 by Appellant, the Nebraska Republican Party, with the Nebraska Secretary of State in which it challenged, pursuant to Neb. Rev. Stat. 32-624, the candidate f...

State v. Vela-Montes
Date: March 23, 2012
Citation: 283 Neb. 530
Docket Number: S-10-1043
State v. Sprunger  
Date: March 23, 2012
Citation: 283 Neb. 531
Docket Number: S-11-100

Justia Opinion Summary: After a bench trial, Benjamin Sprunger was convicted of four counts of possessing child pornography. Sprunger appealed, challenging the search that uncovered the images and the sufficiency of the evidence to support the...

Smalley v. Neb. Dep't of Health & Human Servs.  
Date: March 23, 2012
Citation: 283 Neb. 544
Docket Number: S-11-151

Justia Opinion Summary: This case arose from the settlement of a personal injury lawsuit filed by Edward Smalley, who was seriously injured in a motor vehicle accident. Although Smalley qualified for Medicaid as a result of the accident, the Ne...

State v. Kinser  
Date: March 23, 2012
Citation: 283 Neb. 560
Docket Number: S-11-558

Justia Opinion Summary: A jury found William Kinser guilty of felony flight to avoid arrest and found Kinser to be a habitual criminal. Kinser appealed, contending that the habitual criminal determination was erroneous because the flight to avo...

In re Estate of Cushing  
Date: March 23, 2012
Citation: 283 Neb. 571
Docket Number: S-11-614

Justia Opinion Summary: The Nebraska Department of Health and Human Services (DHHS) provided Medicaid benefits for Virginia Lee Cushing during the final years of her life. After her death, DHHS filed a claim against Cushing's estate for recover...

In re Karlie D.  
Date: March 23, 2012
Citation: 283 Neb. 581
Docket Number: S-11-616

Justia Opinion Summary: Karlie D.'s mother voluntarily relinquished her parental rights to Karlie, and Karlie's father later died. The Nebraska Deaprtment of Health and Human Services placed Karlie in foster care, but Karlie's parental grandmot...

Trumble v. Sarpy County Board  
Date: March 16, 2012
Citation: 283 Neb. 486
Docket Number: S-10-1235

Justia Opinion Summary: Dwight Trumble owned property in Sarpy County and paid two levies for the support of school districts in the Learning Community of Douglas and Sarpy Counties (Learning Community). Trumble subsequently brought suit under...

Big John's Billards v. State  
Date: March 16, 2012
Citation: 283 Neb. 496
Docket Number: S-11-077

Justia Opinion Summary: Big John's Billiards filed this action against the State and others seeking a declaration that the Nebraska Clean Indoor Air Act was special legislation, violated Nebraska's equal protection clause, and constituted a reg...

In re S.J.  
Date: March 16, 2012
Citation: 283 Neb. 507
Docket Number: S-11-314

Justia Opinion Summary: The Douglas County attorney filed a petition with the Mental Health Board alleging that S.J. was a dangerous sex offender within the meaning of Nebraska's Sex Offender Commitment Act (SOCA). The Board concluded that S.J....

Southwind Homeowners Ass'n v. Burden  
Date: March 16, 2012
Citation: 283 Neb. 522
Docket Number: S-11-373

Justia Opinion Summary: David and Wilai Burden provided childcare services in their home. The Southwind Homeowners Association filed suit against the Burdens, alleging that the childcare services as provided violated several restrictive covenan...

Fitzgerald v. Cmty. Redevelopment Corp.  
Date: March 9, 2012
Citation: 283 Neb. 428
Docket Number: S-10-624

Justia Opinion Summary: The dispute in this case revolved around a limited partnership (Kellom Heights) formed to provide financing for the redevelopment of property. Appellees were Kellom Heights, a corporation, and limited partners in Kellom...

City of Waverly v. Hedrick  
Date: March 9, 2012
Citation: 283 Neb. 464
Docket Number: S-11-333

Justia Opinion Summary: This case concerned a city's preexisting lien on land eventually condemned. At issue was whether the city could file a motion in either county or district court for setoff of the lien amount from the condemnation award....

State ex rel. Counsel for Dis. v. Walocha
Date: March 9, 2012
Citation: 283 Neb. 474
Docket Number: S-11-422
State ex rel. Counsel for Dis. v. Gase
Date: March 9, 2012
Citation: 283 Neb. 479
Docket Number: S-11-814
Project Extra Mile v. Neb. Liquor Control Comm'n  
Date: March 2, 2012
Citation: 283 Neb. 379
Docket Number: S-11-157

Justia Opinion Summary: Appellees, three Nebraska non-profit organizations and a resident taxpayer, brought an action against the Nebraska Liquor Control Commission and its director, seeking a declaration that the Commissioner's regulations wer...

State ex rel. Counsel for Dis. v. Seyler
Date: March 2, 2012
Citation: 283 Neb. 401
Docket Number: S-11-252
State v. Diaz  
Date: March 2, 2012
Citation: 283 Neb. 414
Docket Number: S-11-254

Justia Opinion Summary: Servio Diaz, a Honduran disaster refugee with authorization to reside in the U.S., pled guilty pursuant to a plea agreement to misdemeanor charges of attempted possession of a controlled substance, cocaine, and driving w...

State v. Hernandez  
Date: March 2, 2012
Citation: 283 Neb. 423
Docket Number: S-11-414

Justia Opinion Summary: Because of Defendant Oscar Hernandez's third conviction for driving under the influence, the Nebraska Department of Motor Vehicles revoked his license. Defendant received an ignition interlock permit from the Department....

State ex rel. Counsel for Dis. v. Ellis
Date: February 24, 2012
Citation: 283 Neb. 329
Docket Numbers: S-10-896, S-10-986
Alicia C. v. Jeremy C.  
Date: February 24, 2012
Citation: 283 Neb. 340
Docket Number: S-11-233

Justia Opinion Summary: While Husband and Wife were married, Wife conceived Child. After Child was born, Husband signed the birth certificate as Child's father. Husband and Wife subsequently divorced, and the district court incorporated the pro...

In re Charlicia H.  
Date: February 24, 2012
Citation: 283 Neb. 362
Docket Number: S-11-450

Justia Opinion Summary: The juveniles in these two cases, Charlicia H. and Jauvier P., were both adjudicated for law violations. Following an evaluation, Charlicia was placed with the Office of Juvenile Services (OJC), an agency of the Departme...

Hossaini v. Vaelizadeh  
Date: February 24, 2012
Citation: 283 Neb. 369
Docket Number: S-11-508

Justia Opinion Summary: These consolidated appeals arose from a paternity action in which the lower court issued a parenting time order. The district court found that Father was in contempt of the parenting time order and ordered him to pay cer...

Doe v. Bd. of Regents  
Date: February 17, 2012
Citation: 283 Neb. 303
Docket Number: S-11-214

Justia Opinion Summary: John Doe filed a lawsuit arising from the termination of his enrollment as a medical student at the University of Nebraska Medical Center (UNMC) against the Board of Regents of the University of Nebraska and several facu...

In re Ryder J.  
Date: February 17, 2012
Citation: 283 Neb. 318
Docket Number: S-11-482

Justia Opinion Summary: Randal R. was the father of Ryder J. The State twice charged Randal for abusing Crue J., Ryder's half brother who was not related to Randal. Randal pled no contest both times. The State moved to terminate Randal's parent...

Heritage Bank v. Bruha  
Date: February 10, 2012
Citation: 283 Neb. 263
Docket Number: S-10-1219

Justia Opinion Summary: Heritage Bank sued Jerome Bruha on promissory notes that it had purchased from the FDIC. The FDIC had obtained the notes after it became a receiver for the failed bank that had initially lent the money to Bruha. The note...

State v. Parmar  
Date: February 10, 2012
Citation: 283 Neb. 247
Docket Number: S-10-648

Justia Opinion Summary: A jury convicted LeRoy Parmar of first degree murder for the 1987 killing of Frederick Cox, and the trial court sentenced him to a term of life imprisonment. In 2005, Parmar moved to have the DNA testing performed on evi...

Martensen v. Rejda Bros.  
Date: February 10, 2012
Citation: 283 Neb. 279
Docket Number: S-11-010

Justia Opinion Summary: Adam Martensen filed a negligence action against Rejda Brothers, alleging that he was injured in an accident when he was working in a pasture on a ranch owned and operated by Rejda and that Rejda, as his employer, was ne...

In re Interest of S.C.  
Date: February 10, 2012
Citation: 283 Neb. 294
Docket Number: S-11-186

Justia Opinion Summary: S.C. was convicted of sexual assault of a child. The mental health board subsequently found S.C. to be a dangerous sex offender under the Sex Offender Commitment Act (SOCA) and ordered him to undergo secure inpatient tre...

State v. Torres  
Date: February 3, 2012
Citation: 283 Neb. 142
Docket Number: S-10-111

Justia Opinion Summary: Marco Torres was convicted by jury of two counts of first degree murder, one count of robbery, three counts of use of a deadly weapon to commit a felony, and one count of unauthorized use of a financial transaction devic...

AT&T Commc'ns v. Neb. Pub. Serv. Comm'n  
Date: February 3, 2012
Citation: 283 Neb. 204
Docket Number: S-11-258

Justia Opinion Summary: This case involved a dispute between AT&T Communications and TCG Omaha (collectively AT&T) and the Nebraska Public Service Commission (PSC) regarding the correct interpretation of Neb. Rev. Stat. 86-140, which governs th...

Sarpy County Farm Bureau v. Learning Cmty. of Douglas & Sarpy Counties  
Date: February 3, 2012
Citation: 283 Neb. 212
Docket Number: S-11-805

Justia Opinion Summary: In 2010, the Learning Community of Douglas and Sarpy Counties established a common levy for the general fund budgets of its eleven member school districts. After Sarpy County levied this tax on real property, three taxpa...

Lesiak v. Central Valley Ag Coop., Inc.  
Date: January 27, 2012
Citation: 283 Neb. 103
Docket Number: S-10-323

Justia Opinion Summary: The Lesiaks were farmers who suffered a reduced corn yield, allegedly due to the overapplication of herbicide to their crops by Central Valley Ag Cooperative, Inc. (CVA). The Lesiaks filed this action against CVA, assert...

State v. Vigil  
Date: January 27, 2012
Citation: 283 Neb. 129
Docket Number: S-11-434

Justia Opinion Summary: After a jury trial, Appellant Jorge Vigil was found guilty of sexual assault of a child. Vigil appealed, arguing that the trial court erred in overruling his motion in limine and allowing a video-recorded interview of th...

State v. Nolan  
Date: January 20, 2012
Citation: 283 Neb. 50
Docket Number: S-10-1011

Justia Opinion Summary: Appellant Joshua Nolan was charged with first degree murder and use of a deadly weapon to commit a felony in connection with the killing of Justin Gaines. Nolan, relying primarily on inconsistencies among the statements...

Prime Home Care, LLC v. Pathways to Compassion, LLC  
Date: January 20, 2012
Citation: 283 Neb. 77
Docket Number: S-11-030

Justia Opinion Summary: Prime Home Care, LLC sought a permanent injunction pursuant to Neb. Rev. Stat. 87-217, part of the statutes governing the protection of trade names, and Neb. Rev. Stat. 87-303, part of the Uniform Deceptive Trade Practic...

State v. Jimenez  
Date: January 20, 2012
Citation: 283 Neb. 95
Docket Number: S-11-303

Justia Opinion Summary: Timothy Jimenez pled guilty to possession of methamphetamine. Prior to the sentencing hearing, Jimenez was arrested in Colorado. He failed to appear at the sentencing hearing, and the county attorney obtained a warrant f...

State v. Gonzalez  
Date: January 13, 2012
Citation: 283 Neb. 1
Docket Number: S-10-1097

Justia Opinion Summary: Alma Gonzalez was convicted of fraudulently obtaining public assistance benefits based upon a no contest plea that she entered pursuant to a plea agreement. Over two years after her sentencing, Gonzalez filed a motion to...

Lovelace v. City of Lincoln  
Date: January 13, 2012
Citation: 283 Neb. 12
Docket Number: S-10-1241

Justia Opinion Summary: On March 21, 2006, Julie Lovelace was injured in the course of her employment with the City of Lincoln. Lovelace continued to work after her injury up until June 22, 2006, the date of the surgery on her knee. Lovelace re...

Thomas & Thomas Court Reporters, LLC v. Switzer  
Date: January 13, 2012
Citation: 283 Neb. 19
Docket Number: S-11-029

Justia Opinion Summary: Thomas & Thomas Court Reporters sued Douglas Switzer, an attorney, and his law firm, Hathaway & Switzer (Hathaway Switzer), for failure to pay for court reporting services. The district court entered judgment for Thomas...

State v. Dunkin  
Date: January 13, 2012
Citation: 283 Neb. 30
Docket Number: S-11-220

Justia Opinion Summary: Robert Dunkin pled no contest to the charge of murder in the second degree. The district court accepted Dunkin's plea, entered a judgment of guilty, and sentenced Dunkin to forty years to life imprisonment. Dunkin filed...

Downey v. Western Cmty. College Area  
Date: January 6, 2012
Citation: 282 Neb. 970
Docket Number: S-10-867

Justia Opinion Summary: Mack Downey and his wife sued Western Community College area, which operates Western Nebraska Community College, after Downey suffered injuries from a fall that occurred while he was replacing a scoreboard at the College...

State v. Norman  
Date: January 6, 2012
Citation: 282 Neb. 990
Docket Number: S-10-888

Justia Opinion Summary: Chad Norman pled no contest to third degree assault and was sentenced to probation for two years and jail for thirty days. After a hearing, the district court also ordered Norman to register under Nebraska's Sex Offender...

In re Elizabeth S.  
Date: January 6, 2012
Citation: 282 Neb. 1015
Docket Number: S-11-153

Justia Opinion Summary: After the Department of Health and Human Services took custody of Child, Mother filed a motion to require the Department to accept her voluntary relinquishment of Child. The juvenile court subsequently entered an order t...

Ginapp v. City of Bellevue  
Date: January 6, 2012
Citation: 282 Neb. 1027
Docket Number: S-11-193

Justia Opinion Summary: Jan Ginapp, a registered nurse, was injured on the job in a violent assault committed by a patient who had been admitted to the hospital after he was taken into emergency protective custody by the City of Bellevue police...

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