Nebraska Supreme Court Decisions 2013
Date: December 27, 2013
Citation: 287 Neb. 81
Docket Number: S-12-1169
Justia Opinion Summary: After a bench trial, Defendant was found guilty of sexually assaulting a child in the third degree. Defendant appealed, arguing that the evidence was insufficient to conclude beyond a reasonable doubt that Defendant’s…
Date: December 27, 2013
Citation: 287 Neb. 97
Docket Number: S-13-091
Justia Opinion Summary: Employee was severely injured when he fell off a flatbed truck driven by the location manager for Employer’s facility after a customer appreciation supper. Employee filed for workers’ compensation benefits. In a…
Date: December 27, 2013
Citation: 287 Neb. 105
Docket Number: S-13-140
Justia Opinion Summary: The juvenile court adjudicated Child under Neb. Rev. Stat. 43-247(3)(a) because of parental neglect. Because Mother was making poor progress toward the goal of reunification, the State moved to terminate Mother’s…
Date: December 27, 2013
Citation: 287 Neb. 116
Docket Number: S-13-229
Justia Opinion Summary: Appellant sustained a compensable injury while working for Employer. The workers’ compensation court awarded benefits. Appellant later filed a second petition to modify, alleging that her injury had materially and…
Date: December 27, 2013
Citation: 287 Neb. 129
Docket Number: S-13-833
Date: December 20, 2013
Citation: 287 Neb. 48
Docket Number: S-12-875
Justia Opinion Summary: Plaintiff contracted with a shipper agent to move his household goods and personal property from Nebraska to Florida, but the movers who took possession of Plaintiff's property demanded additional payment before the…
Date: December 20, 2013
Citation: 287 Neb. 66
Docket Number: S-13-010
Justia Opinion Summary: Robert Sivick was appointed the county attorney for Howard County. Sivick was unsuccessful in his bid to be elected the county attorney for the next term of office and subsequently filed a claim for unemployment…
Date: December 20, 2013
Citation: 287 Neb. 78
Docket Number: S-13-726
Date: December 13, 2013
Citation: 287 Neb. 1
Docket Number: S-13-110
Justia Opinion Summary: Mike and Becky Carey applied for a building permit for an interior renovation of an apartment building. A municipal building inspector denied the application because the construction documents were not prepared by a…
Date: December 13, 2013
Citation: 287 Neb. 12
Docket Number: S-13-122
Justia Opinion Summary: Mother sought to modify the child custody and support provisions of a decree of dissolution, claiming there had been material changes in (1) Father's emotional, mental, and lifestyle circumstances, requiring a…
Date: December 13, 2013
Citation: 287 Neb. 19
Docket Number: S-13-129, S-13-165
Justia Opinion Summary: The Harold Warp Pioneer Village Foundation (Foundation) owned and operated a museum, motel, and campground. The motel and campground were primarily used by museum visitors. The museum, motel, and campground were all…
Date: December 13, 2013
Citation: 287 Neb. 27
Docket Number: S-13-218
Justia Opinion Summary: Mother's six children were adjudicated in a juvenile proceeding in which the juvenile court found the children at risk due to domestic violence and drug-use in the home. The children were placed in foster care, and the…
Date: December 13, 2013
Citation: 287 Neb. 35
Docket Number: S-13-242
Justia Opinion Summary: Mother gave birth to Child in August 2012. Shortly after the birth, Mother and Appellant signed a sworn acknowledgment of paternity before a notary public naming Appellant as Child's biological father. At the time, both…
Date: December 13, 2013
Citation: 287 Neb. 40
Docket Number: S-13-401
Justia Opinion Summary: Pursuant to a negotiated plea agreement, Defendant pled guilty to two counts of second degree murder and one count of use of a weapon to commit a felony. The district court sentenced Defendant to life imprisonment on…
Date: December 6, 2013
Citation: 286 Neb. 966
Docket Number: S-12-241
Justia Opinion Summary: Defendant pled guilty to driving under the influence (DUI). The offense occurred in 2011. After an enhancement hearing, the district court found that Defendant had three prior convictions and that the current DUI offense…
Date: December 6, 2013
Citation: 286 Neb. 974
Docket Number: S-12-711
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's convictions and sentences, holding that the district court did not…
Date: December 6, 2013
Citation: 286 Neb. 1008
Docket Number: S-12-811
Justia Opinion Summary: When Appellant was a minor ward, The Department of Health and Human Services adjudicated Appellant's two daughters under Neb. Rev. Stat. 435-247(3)(a) because of Appellant's neglect. As part of Appellant's reunification…
Date: December 6, 2013
Citation: 286 Neb. 1018
Docket Number: S-36-120001
Date: November 22, 2013
Citation: 286 Neb. 932
Docket Number: S-12-1208
Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The Supreme Court affirmed on appeal, holding (1)…
Date: November 22, 2013
Citation: 286 Neb. 912
Docket Number: S-12-304
Justia Opinion Summary: Arlene Easter sold insurance for First Express Services Group, Inc. Arlene subsequently resigned from First Express and began to work for her son, Mark, who was a part owner of a competing agency. After resigning, Arlene…
Date: November 22, 2013
Citation: 286 Neb. 942
Docket Number: S-13-083
Date: November 22, 2013
Citation: 286 Neb. 949
Docket Number: S-13-084
Justia Opinion Summary: The State filed a petition alleging that Violet was a minor child who came within the meaning of Neb. Rev. Stat. 43-247(3)(a) due to the faults and habits of her biological mother, Abigael. The State also filed a motion…
Date: November 22, 2013
Citation: 286 Neb. 956
Docket Number: S-13-408
Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree murder and use of a weapon to commit a felony for the killing of his mother. Appellant later filed a petition for postconviction relief, which the district…
Date: November 15, 2013
Citation: 286 Neb. 826
Docket Number: S-10-1228
Justia Opinion Summary: After a joint jury trial with his codefendant, Defendant was convicted of murder in the first degree, assault in the second degree, and use of a deadly weapon to commit a felony. Defendant was sentenced to life…
Date: November 15, 2013
Citation: 236 Neb. 856
Docket Number: S-10-1232
Justia Opinion Summary: After a joint jury trial with his codefendant, Defendant was convicted of murder in the first degree, assault in the second degree, and use of a deadly weapon to commit a felony. Defendant was sentenced to life…
Date: November 15, 2013
Citation: 286 Neb. 901
Docket Number: S-12-1129
Justia Opinion Summary: In 2007, Appellant purchased the assets of an indoor football team owned by Omaha Beef, LLC. In 2008, Appellant applied for workers' compensation insurance under the Nebraska Workers' Compensation Plan, arguing that it…
Date: November 8, 2013
Citation: 286 Neb. 799
Docket Number: S-12-1160
Justia Opinion Summary: Father initiated a paternity action seeking an order declaring him to be the biological father of Child and awarding him visitation with Child. In her answer, Mother alleged that Father's paternity claim was barred by…
Date: November 8, 2013
Citation: 286 Neb. 814
Docket Number: S-13-123
Justia Opinion Summary: Freeholders filed successfully filed petitions to move their property from the Prague Public School District to the Wahoo Public School District. East Butler County School District objected to the petitions because East…
Date: November 1, 2013
Citation: 286 Neb. 743
Docket Number: S-12-999
Justia Opinion Summary: Appellee was employed as a carman for Union Pacific Railroad Company when he was injured by a chair that collapsed, causing injury to his back. Appellee filed a Federal Employers' Liability Act action against Union…
Date: November 1, 2013
Citation: 286 Neb. 755
Docket Number: S-13-009
Justia Opinion Summary: Service Employees International Union Local 226 (Local 226) was the certified exclusive bargaining agent for three bargaining groups of the Douglas County School District 001 (District). Following the implementation of…
Date: November 1, 2013
Citation: 286 Neb. 775
Docket Number: S-13-108
Date: November 1, 2013
Citation: 286 Neb. 778
Docket Number: S-13-264
Justia Opinion Summary: Kelly and William were the biological parents of two children in the care and custody of the Nebraska Department of Health and Human Services (DHHS). After the children had been in the custody of DHHS for nearly…
Date: November 1, 2013
Citation: 286 Neb. 788
Docket Number: S-13-456
Justia Opinion Summary: Defendant pleaded guilty to one count of false reporting and was sentenced to probation for eighteen months. Defendant was directed to have no contact with her husband without the court's permission as a condition of…
Date: October 25, 2013
Citation: 286 Neb. 725
Docket Number: S-12-1047
Justia Opinion Summary: Defendant was convicted of the felony offense of driving with a revoked license in violation of Neb. Rev. Stat. 60-6,197.06(1). The court sentenced Defendant to ninety days' jail time and a fifteen-year license…
Date: October 25, 2013
Citation: 286 Neb. 713
Docket Number: S-12-996
Justia Opinion Summary: Based on genetic testing, Michael was found to be Child's father. The district court awarded sole custody to Jessica and ordered Michael to pay monthly child support. Michael subsequently requested that the court modify…
Date: October 18, 2013
Citation: 286 Neb. 681
Docket Number: S-12-753
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and sentenced to life imprisonment. Defendant appealed, arguing that the district court erred in (1) denying Defendant's motion to continue trial based…
Date: October 18, 2013
Citation: 286 Neb. 700
Docket Number: S-13-046
Justia Opinion Summary: Plaintiffs, several taxpayers who managed or owned land in the vicinity of a landfill, challenged the validity of an agreement for hosting of the landfill. The district court dismissed Plaintiffs' complaint for failure…
Date: October 11, 2013
Citation: 286 Neb. 661
Docket Number: A-12-1065
Justia Opinion Summary: Brydon was a minor child. After Brydon's mother died, Silvija, Brydon's maternal grandmother, sought to be appointed Brydon's permanent guardian. Eric, Brydon's adjudicated father, was allowed to intervene in the…
Date: October 11, 2013
Citation: 286 Neb. 675
Docket Number: S-12-1117
Justia Opinion Summary: Constance created an LLC and a revocable trust. Constance transferred her real estate to the LLC and directed that, upon her death, her remaining property be transferred to the Trust. After Constance's death, her son…
Date: October 4, 2013
Citation: 286 Neb. 611
Docket Number: A-12-1166
Justia Opinion Summary: The Nebraska Public Power District (NPPD) filed an application with the Department of Natural Resources (DNR) to appropriate additional surface water from the Niobrara River. The Middle and Lower Niobrara Natural…
Date: October 4, 2013
Citation: 286 Neb. 640
Docket Number: S-13-510009
Justia Opinion Summary: Petitioner was a pregnant sixteen-year-old who sought authorization for an abortion with consent of a parent or guardian. In general, an abortion can only be performed on a unemancipated woman under the age of eighteen…
Date: September 27, 2013
Citation: 286 Neb. 584
Docket Number: S-12-165
Justia Opinion Summary: Plaintiffs, relatives of Decedent, sought Attorney's services in the administration of Decedent's estate. Plaintiffs later brought this professional negligence case against Attorney and his firm (Defendants), claiming…
Date: September 20, 2013
Citation: 286 Neb. 556
Docket Number: S-12-410
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. Defendant appealed, arguing (1) the trial court erroneously gave a step jury instruction relating to the charge…
Date: September 20, 2013
Citation: 286 Neb. 567
Docket Number: S-13-042
Justia Opinion Summary: Appellant was charged with first degree sexual assault stemming from his conduct toward his stepdaughter, M.H. During trial, M.H.'s therapist testified, over Appellant's objection, that Appellant's sexual abuse of M.H.…
Date: September 13, 2013
Citation: 286 Neb. 551
Docket Number: A-13-003
Justia Opinion Summary: Disciplinary charges against Keith, who was admitted to the Nebraska bar in 2003, alleged that he had failed to pay his bar dues for 2012. While the issue was pending, a client claimed that Keith neglect his…
Date: September 6, 2013
Citation: 286 Neb. 532
Docket Number: S-12-812
Justia Opinion Summary: Michael and April are the biological parents of Avalyn, born out of wedlock in 2002. A court ordered Michael to pay child support but did not order visitation. In 2005, the state took temporary emergency custody of…
Date: August 30, 2013
Citation: 286 Neb. 524
Docket Number: S-12-1180, S-12-1181
Justia Opinion Summary: In 2006, Defendant was found guilty by a jury of first degree murder, and in 2007, Defendant pled guilty to a separate charge of first degree murder. Defendant was sentenced to consecutive life sentences for the murders.…
Date: August 23, 2013
Citation: 286 Neb. 494
Docket Number: S-12-279
Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder under a theory of aiding and abetting, criminal conspiracy to unlawfully possess and deliver a controlled substance, and use of a deadly weapon to…
Date: August 16, 2013
Citation: 286 Neb. 453
Docket Number: S-12-335
Justia Opinion Summary: Employee was injured during the scope and course of his employment with Employer, the Burlington Northern Santa Fe Railway Company. Because he was a railroad employee, Employee filed a claim for personal injury damages…
Date: August 16, 2013
Citation: 286 Neb. 468
Docket Number: S-12-515
Justia Opinion Summary: Child was born out of wedlock to Mother in 2005. Six years later, Sherman filed an amended complaint seeking to establish paternity both as an individual and behalf of Child as "next friend." Alternatively, Sherman…
Date: August 16, 2013
Citation: 286 Neb. 480
Docket Number: S-12-579
Justia Opinion Summary: After Decedent died in 2010, her son, Robert, was appointed the personal representative of her estate. After Robert filed an inventory of estate property and a proposed schedule of distribution, Christy, the daughter of…
Date: August 9, 2013
Citation: 286 Neb. 444
Docket Number: S-12-1155
Justia Opinion Summary: In 1996, Plaintiff was injured in an automobile accident with an underinsured driver. At the time of the accident, Plaintiff had an automobile insurance policy with Farmers Insurance Exchange (Farmers). In 2001,…
Date: August 9, 2013
Citation: 286 Neb. 431
Docket Number: S-12-749
Justia Opinion Summary: Employee, an African-American, was employed by the Nebraska Department of Health and Human Services for several years. Employee filed suit against the State and individual defendants in their official capacities,…
Date: August 2, 2013
Citation: 286 Neb. 384
Docket Number: S-12-580
Justia Opinion Summary: In 2002, Defendant pled no contest to attempted first degree arson pursuant to a plea agreement. Defendant was discharged from prison in 2003 and was thereafter removed from the United States. In 2012, Defendant filed a…
Date: August 2, 2013
Citation: 286 Neb. 390
Docket Number: S-12-723
Justia Opinion Summary: Effective in 2010, the Legislature changed the manner in which wind energy generation facilities are taxed. The change (1) exempted personal property used by wind energy generation facilities from the personal property…
Date: August 2, 2013
Citation: 286 Neb. 404
Docket Number: S-12-777
Justia Opinion Summary: While serving as county attorney, Defendant established a pretrial diversion program wherein participants paid an enrollment fee and court costs. The fees and costs were deposited into a separate bank account with…
Date: August 2, 2013
Citation: 286 Neb. 417
Docket Number: S-12-893
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 district court sentenced Defendant to a term of imprisonment of life to life for the second degree…
Date: July 26, 2013
Citation: 286 Neb. 322
Docket Number: S-12-385
Justia Opinion Summary: The City of Papillion condemned property owned by Appellant for a road project. The City built a new road on Appellant's new property along with an iron fence on the north side of the road, which abutted Appellant's…
Date: July 26, 2013
Citation: 286 Neb. 334
Docket Number: S-12-525
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree sexual assault, use of a weapon to commit a felony, and robbery. Defendant was determined to be a habitual criminal and sentenced to eighty to 140 years…
Date: July 26, 2013
Citation: 286 Neb. 352
Docket Number: S-12-623
Justia Opinion Summary: The County Board of Equalization determined that land owned by Ladd Krings was not agricultural or horticultural land. On appeal, the Tax Equalization and Review Commission (TERC) upheld the Board's decision but further…
Date: July 26, 2013
Citation: 286 Neb. 363
Docket Number: S-12-941
Justia Opinion Summary: After a jury trial, Defendant was convicted and sentenced on nine counts involving actual or attempted violence or physical abuse upon persons with intellectual disabilities who required residential care. All counts…
Date: July 19, 2013
Citation: 286 Neb. 256
Docket Number: S-12-411
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree sexual assault of a child and four counts of child abuse. The Supreme Court reversed the judgments of conviction and vacated the sentences, holding (1) trial…
Date: July 19, 2013
Citation: 286 Neb. 280
Docket Number: S-12-444
Justia Opinion Summary: Defendant was convicted of several counts of child abuse and sexual assault of a child. Defendant appealed, asserting, among other things, that the district court erred in receiving evidence under Neb. Rev. Stat. 27-414.…
Date: July 19, 2013
Citation: 286 Neb. 305
Docket Number: S-12-473
Justia Opinion Summary: Plaintiffs filed an action against Defendants relating to "forward corn contracts." Counsel for Defendants conveyed confidential information to a grain industry expert in attempting to retain him. Plaintiff's counsel…
Date: July 12, 2013
Citation: 286 Neb. 193
Docket Number: S-11-888
Justia Opinion Summary: Defendant obtained controlled substances pursuant to prescriptions written for chronic pain issues but did not inform her medical providers that she was being prescribed similar medications elsewhere. After a jury trial,…
Date: July 12, 2013
Citation: 286 Neb. 224
Docket Number: S-11-959
Justia Opinion Summary: After Plaintiff's former husband filed for dissolution, the parties reconciled and entered into two postmarital agreements specifying how their property would be divided in the event of a future dissolution. The district…
Date: July 12, 2013
Citation: 286 Neb. 250
Docket Number: S-12-1134
Justia Opinion Summary: Shawna was the biological mother of two girls and two boys, all of whom were under fifteen years old. After an amended petition was filed by the State, the juvenile court found that all four children were within Neb.…
Date: July 12, 2013
Citation: 286 Neb. 244
Docket Number: S-12-258
Justia Opinion Summary: Defendant, who was born in Zaire and immigrated to the United States after being granted asylum, pled no contest to two misdemeanors in 2010. Because of credit for time served, Defendant was released from custody on the…
Date: July 5, 2013
Citation: 286 Neb. 183
Docket Number: S-12-126
Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder. Defendant appealed, challenging the district court's step instruction to the jury regarding second degree murder and manslaughter. The Supreme Court…
Date: June 28, 2013
Citation: 286 Neb. 176
Docket Number: S-12-1006
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled no contest to second degree murder. Defendant was sentenced to sixty years to life imprisonment. Defendant subsequently filed a pro se motion for postconviction relief,…
Date: June 28, 2013
Citation: 286 Neb. 154
Docket Number: S-12-112
Justia Opinion Summary: Defendant was convicted of third degree sexual assault and admitting a minor to an obscene motion picture, show, or presentation. The district court affirmed the convictions. The court of appeals affirmed the sexual…
Date: June 28, 2013
Citation: 286 Neb. 157
Docket Number: S-12-791
Justia Opinion Summary: Defendant pleaded no contest to the unauthorized use of a financial transaction device with a value between $500 and $1,500. The Supreme Court affirmed, holding (1) Defendant's Sixth Amendment right to counsel was not…
Date: June 28, 2013
Citation: 286 Neb. 166
Docket Number: S-12-931
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. Defendant's sentence on the firearm conviction was twice vacated and the cause remanded to correct the amount of…
Date: June 21, 2013
Citation: 286 Neb. 150
Docket Number: S-12-1022
Justia Opinion Summary: Plaintiff filed an action against Defendants for breach of contract and quantum meruit. The county court entered judgment against Defendants. On appeal, Defendants asked the district court to take judicial notice of the…
Date: June 21, 2013
Citation: 286 Neb. 111
Docket Number: S-12-755
Justia Opinion Summary: Defendant pleaded guilty to and was convicted of attempted first degree sexual assault. Throughout the criminal proceedings, Defendant was represented by a Nebraska attorney (Attorney) whose license had been suspended…
Date: June 21, 2013
Citation: 286 Neb. 125
Docket Number: S-12-808
Justia Opinion Summary: The State filed a complaint against Defendant charging him with third degree assault, to which Defendant pled no contest. Before sentencing, Defendant moved to withdraw his plea, arguing that he had not received the…
Date: June 21, 2013
Citation: 286 Neb. 134
Docket Number: S-12-821
Justia Opinion Summary: In 1996, the district court ordered Defendant to pay Plaintiff child support. In 2006, the court issued a writ of execution against Defendant's unspecified property to satisfy the child support lien. However, Defendant…
Date: June 21, 2013
Citation: 286 Neb. 141
Docket Number: S-12-866
Justia Opinion Summary: In 1985, Husband and Wife obtained a certificate of marriage form from the county court and participated in a wedding ceremony officiated by the county judge. In 2012, Husband brought this declaratory judgment action…
Date: June 14, 2013
Citation: 286 Neb. 29
Docket Number: S-11-1109
Justia Opinion Summary: Braunger Foods sold food product supplies to Hungry's North, a business owned by Michael Sears. Braunger Foods filed this action against Sears and Hungry's (collectively Hungry's), seeking to recover amounts Braunger…
Date: June 14, 2013
Citation: 286 Neb. 83
Docket Number: S-12-1010
Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery and kidnapping and sentenced to life imprisonment for kidnapping. Defendant subsequently filed a pro se motion for postconviction relief, alleging, among other…
Date: June 14, 2013
Citation: 286 Neb. 89
Docket Number: S-12-1021
Justia Opinion Summary: Defendant was convicted of kidnapping in the disappearance of nine-year-old Jill Cutshall. The trial court sentenced Defendant to life imprisonment. In 1992, The Supreme Court affirmed Defendant's conviction and…
Date: June 14, 2013
Citation: 286 Neb. 96
Docket Number: S-12-1049
Justia Opinion Summary: After the dissolution of her marriage to Father, Mother sought a modification of child custody and related matters. Father was personally served but defaulted. The district court first entered a default modification…
Date: June 14, 2013
Citation: 286 Neb. 38
Docket Number: S-12-399
Justia Opinion Summary: Defendant pleaded guilty to driving under the influence, third offense. In sentencing and sanctioning Defendant, the district court (1) sentenced Defendant to one year imprisonment with one day's credit for time served;…
Date: June 14, 2013
Citation: 286 Neb. 49
Docket Number: S-12-403
Justia Opinion Summary: Employee filed a petition for workers' compensation benefits for injuries he received during his employment with Employer. In accordance with Neb. Rev. Stat. 48-139(3), Employee entered into a lump-sump settlement with…
Date: June 14, 2013
Citation: 286 Neb. 69
Docket Number: S-12-475
Date: June 14, 2013
Citation: 286 Neb. 77
Docket Number: S-12-966
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 court of appeals affirmed Defendant's convictions and sentences. Defendant subsequently filed a pro…
Date: June 14, 2013
Citation: 286 Neb. 107
Docket Number: S-13-076
Date: May 31, 2013
Citation: 286 Neb. 1
Docket Number: S-12-702
Justia Opinion Summary: While at work, Employee was asked by his supervisor to enter a grain bin and to shovel grain into the center of the bin's conical base in order to facilitate removal of grain from the bin. Employee died of asphyxiation…
Date: May 31, 2013
Citation: 286 Neb. 16
Docket Number: S-12-896
Justia Opinion Summary: Eric and Gail Thacker sought to homeschool their children but did not obtain state recognition of their homeschool until October 2011. The Thackers did not enroll their five children in any legally recognized school…
Date: May 31, 2013
Citation: 286 Neb. 27
Docket Number: S-13-323
Date: May 24, 2013
Citation: 285 Neb. 940
Docket Number: S-10-1097
Justia Opinion Summary: Defendant pled no contest to a charge of fraudulently obtaining public assistance benefits and was sentenced to five years' probation. Defendant later filed a motion to withdraw her plea, alleging that she received…
Date: May 24, 2013
Citation: 285 Neb. 991
Docket Number: S-12-1007
Justia Opinion Summary: Landlord and Tenant signed a lease agreement for a rental property that required Tenant to obtain a liability and renter's insurance policy at his expense. Tenants obtained a renter's protection policy of insurance. The…
Date: May 24, 2013
Citation: 285 Neb. 952
Docket Number: S-12-687
Justia Opinion Summary: Plaintiff was the surface owner of various tracts of land. Plaintiff sued the owners of several mineral interests in those tracts under Nebraska's dormant mineral statutes to reacquire their allegedly abandoned…
Date: May 24, 2013
Citation: 285 Neb. 971
Docket Number: S-12-688
Justia Opinion Summary: Plaintiff was the surface owner of land in Sioux County. Plaintiff sued the owners of severed mineral interests in that land under Nebraska's dormant mineral statutes to reacquire their allegedly abandoned interests.…
Date: May 24, 2013
Citation: 285 Neb. 974
Docket Number: S-12-699
Justia Opinion Summary: Republican Valley Biofuels (RVBF) issued a confidential private placement memorandum seeking investors in a biodiesel production facility. DMK Biodiesel (DMK) and Lanoha RVBF (Lanoha) invested $600,000 and $400,000…
Date: May 24, 2013
Citation: 285 Neb. 985
Docket Number: S-12-810
Justia Opinion Summary: In 2009, a registered nurse (Nurse) employed by Hospital commenced this action for workers' compensation benefits, alleging that as the result of three incidents with patients involving assault and sexual assault, she…
Date: May 17, 2013
Citation: 285 Neb. 890
Docket Number: S-11-777
Justia Opinion Summary: Without permission and in violation of school policy, a high school student retrieved a wallet and sweatshirt from his pickup truck, which was parked on a public street across from the school. When the student returned…
Date: May 17, 2013
Citation: 285 Neb. 920
Docket Number: S-12-769
Justia Opinion Summary: Appellants, Bruce and Annette Wiles, filed a complaint against Wiles Brothers, Inc. (WBI) and Marvin Wiles, Bruce's brother (collectively, Appellees), seeking the judicial dissolution of WBI. Appellants founded their…
Date: May 17, 2013
Citation: 285 Neb. 930
Docket Number: S-12-794
Justia Opinion Summary: The marriage of Mother and Father was dissolved by consent decree in 2010. The decree required Father to pay child support and to be responsible for half of the parties' child's extraordinary expenses. Father…
Date: May 10, 2013
Citation: 285 Neb. 847
Docket Number: S-11-921
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance, cocaine, with intent to distribute. The jury found the quantity of the mixture containing cocaine was 10.25 grams. Defendant appealed,…
Date: May 10, 2013
Citation: 285 Neb. 859
Docket Number: S-12-370
Justia Opinion Summary: Four of Jacobs Cattle Company's six partners sought dissolution and liquidation of the family partnership. One of the other two partners then sought a judicial dissociation of those four partners (Appellants). The…
Date: May 10, 2013
Citation: 285 Neb. 880
Docket Number: S-12-627
Justia Opinion Summary: In 2009, a sign fell on Plaintiff's pickup truck while it was parked in a lot owned by Wilkinson Development (Wilkinson). Plaintiff was injured, and his wife was killed. The sign collapsed as a result of the shearing of…
Date: May 3, 2013
Citation: 285 Neb. 784
Docket Number: S-11-744
Justia Opinion Summary: Appellant sued Doctor for medical malpractice. After a jury trial, the district court ruled in favor of Doctor. During trial, the court permitted Doctor to question one of Appellant's treating physicians about his…
Date: May 3, 2013
Citation: 285 Neb. 797
Docket Number: S--12-040
Justia Opinion Summary: A law enforcement officer pulled over Defendant's vehicle because it momentarily crossed over the divider line between two eastbound lines on an interstate. Because of suspicions he developed while issuing a warning…
Date: May 3, 2013
Citation: 285 Neb. 808
Docket Number: S-12-503, S-12-504
Justia Opinion Summary: After Employees separated from their employment with employer, Employer denied Employees' demand for payment of their unused "paid time off" (PTO) hours. The county court granted summary judgment for Employees,…
Date: May 3, 2013
Citation: 285 Neb. 826
Docket Number: S-12-754
Justia Opinion Summary: Employee suffered an accident arising out of the course of his employment on October 23, 2007. Employee filed a workers' compensation action on February 28, 2012 against Employer, seeking relief under an amended version…
Date: May 3, 2013
Citation: 285 Neb. 835
Docket Number: S-12-761
Justia Opinion Summary: Defendants gave a promissory note to Bank and secured a loan with a trust deed on real property. Defendants defaulted on the note, and Bank initiated foreclosure proceedings. The property was sold after a sheriff's sale.…
Date: April 25, 2013
Citation: 285 Neb. 747
Docket Number: S-11-1101
Justia Opinion Summary: Lender made loans to Borrower that were secured by deeds of trust describing real estate owned by Borrower. As additional security for the loans to Borrower, Guarantor promised payment of the indebtedness on the…
Date: April 25, 2013
Citation: 285 Neb. 759
Docket Number: S-12-452
Justia Opinion Summary: In 2007, Plaintiff attended an aquatic physical therapy session at Premier Physical Therapy (Premier), an off-site clinic owned by Columbus Community Hospital (Columbus). Plaintiff slipped and fell on the wet floor above…
Date: April 25, 2013
Citation: 285 Neb. 774
Docket Number: S-12-531
Justia Opinion Summary: Rylee, age sixteen, was nonverbal and autistic. A juvenile petition was filed because Rylee was excessively absent from school. The State placed no fault on Lisa, Rylee's mother. The juvenile court entered an order…
Date: April 19, 2013
Citation: 285 Neb. 705
Docket Number: A-12-322, S-12-323, S-12-324
Justia Opinion Summary: Lozier Corporation (Lozier) claimed that the Douglas County Board of Equalization (Board) overvalued three parcels of land it owned. Lozier mailed three appeals to the Tax Equalization and Review Commission (TERC).…
Date: April 19, 2013
Citation: 285 Neb. 693
Docket Number: S-12-167
Justia Opinion Summary: Mother and Father were divorced pursuant to a decree of dissolution that awarded joint legal and physical custody of their minor children. Father subsequently filed an amended complaint to modify the decree, seeking full…
Date: April 19, 2013
Citation: 285 Neb. 718
Docket Number: S-12-363
Justia Opinion Summary: Plaintiff was a resident of Nebraska. In 1963, Plaintiff received a copy of the book "Revolutionary Road," which was inscribed to her by the late author Richard Yates. Plaintiff's inscribed copy of the book was later…
Date: April 19, 2013
Citation: 285 Neb. 735
Docket Number: S-12-563
Justia Opinion Summary: Employee suffered a shoulder injury arising out of the course of his employment with Employer. Employee subsequently resigned his employment with Employer and began working for another company. Employee later filed a…
Date: April 12, 2013
Citation: 285 Neb. 647
Docket Number: S-12-177
Justia Opinion Summary: Following a jury trial, Defendant was convicted of first degree murder, first degree assault, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The Supreme Court…
Date: April 12, 2013
Citation: 285 Neb. 676
Docket Number: S-12-299
Justia Opinion Summary: Appellants in this case were rental property owners in the City of La Vista. Appellant sought a declaration that the City's ordinance establishing a rental housing licensing and inspection program was unconstitutional.…
Date: April 12, 2013
Citation: 285 Neb. 686
Docket Number: S-12-482
Justia Opinion Summary: Mother and Father entered into a marital settlement agreement in 2007 that provided for joint legal custody of the children and stated that no child support was to be paid. The district court entered an order dissolving…
Date: April 5, 2013
Citation: 285 Neb. 619
Docket Number: S-11-914
Justia Opinion Summary: In November 2009, Plaintiff filed suit against Bank seeking judgment for principal and interest allegedly due and owing on a $15,000 certificate of deposit (CD) opened by her mother in July 1984. The CD matured in April…
Date: April 5, 2013
Citation: 285 Neb. 626
Docket Number: S-12-200
Justia Opinion Summary: In 2002, the Legislature enacted a statute requiring judges, prior to accepting a plea of guilty or nolo contendere, to administer a specific advisement regarding possible consequences of the conviction for persons who…
Date: April 5, 2013
Citation: 285 Neb. 640
Docket Number: S-12-624
Justia Opinion Summary: In October 2011, Defendant was charged with, inter alia, first degree murder and possession with intent to deliver a controlled substance. The cases were not consolidated but both cases were set for trial in March 2012.…
Date: March 29, 2013
Citation: 285 Neb. 579
Docket Number: S-12-267
Justia Opinion Summary: United States Cold Storage (Cold Storage) and Sanitary and Improvement District No. 59 of Sarpy County (SID 59) filed complaints challenging separate annexation ordinances enacted by the City of La Vista. The ordinances…
Date: March 29, 2013
Citation: 285 Neb. 599
Docket Number: S-12-340
Justia Opinion Summary: Video King had its principal place of business in Nebraska. Melange Computer Services (Melange) had a business relationship with Video King since 2000. In 2006, Melange was acquired by Planet Bingo and became a wholly…
Date: March 29, 2013
Citation: 285 Neb. 612
Docket Number: S-12-533
Justia Opinion Summary: Defendant was convicted of driving under the influence and was sentenced to a fifteen-year license revocation, which began in 2003 and was to continue until 2018. In 2011, Defendant was found operating a motor vehicle.…
Date: March 22, 2013
Citations: 285 Neb. 526, 285 Nev. 526
Docket Number: S-12-107
Justia Opinion Summary: Credit Bureau Services (CBS) brought an action against Experian Information Solutions (Experian) alleging that Experian sought to drive CBS out of business in violation of Neb. Rev. Stat. 59-805, a provision of…
Date: March 22, 2013
Citation: 285 Neb. 537
Docket Number: S-12-256
Justia Opinion Summary: The State charged Defendant with first degree felony murder, use of a deadly weapon to commit a felony, and conspiracy to commit robbery stemming from the robbing and killing of a pizza delivery worker. After a jury…
Date: March 22, 2013
Citation: 285 Neb. 556
Docket Number: S-12-342
Justia Opinion Summary: The State filed four juvenile petitions against Edward, a juvenile. The juvenile court found that Edward had violated the terms of his probation in two of these cases. In all four cases, the court found it was in…
Date: March 22, 2013
Citation: 285 Neb. 568
Docket Number: S-12-729
Justia Opinion Summary: Appellant was injured during the course of his employment with Employer. Appellant obtained a workers' compensation award that covered future medical treatment. Appellant subsequently underwent knee replacement surgery…
Date: March 15, 2013
Citation: 285 Neb. 482
Docket Number: S-11-060
Justia Opinion Summary: Plaintiffs sued the City of Columbus after raw sewage that Plaintiffs claimed was the result of a malfunction of the City-run sanitary sewage system flooded into Plaintiffs' home. The district court found in favor of the…
Date: March 15, 2013
Citation: 285 Neb. 497
Docket Number: S-11-912
Justia Opinion Summary: After an investigation by the Omaha Police Department's "cold case" homicide unit, Defendant was charged in 2010 with the 1978 murder of Carroll Bonnet. Defendant was convicted of first degree murder and use of a deadly…
Date: March 15, 2013
Citation: 285 Neb. 512
Docket Number: S-11-953
Justia Opinion Summary: On November 10, 2010, the State filed a petition in the juvenile court alleging that Appellant carried a concealed weapon on his person and possessed a "pistol, revolver or other form of short-barreled hand firearm." On…
Date: March 15, 2013
Citation: 285 Neb. 520
Docket Number: S-12-684
Justia Opinion Summary: On October 5, 2011, Defendant appeared in county court and pled guilty to four misdemeanors in three separate cases. When Defendant failed to appear for the scheduled sentencing in the cases, the county court issued a…
Date: March 8, 2013
Citation: 285 Neb. 394
Docket Number: S-12-135
Justia Opinion Summary: Following a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. The Supreme Court affirmed Defendant's convictions and sentences. Defendant subsequently filed a…
Date: March 8, 2013
Citation: 285 Neb. 408
Docket Number: S-12-173
Justia Opinion Summary: Butler County Diary, LLC (BCD) requested a permit to install a liquid livestock manure pipeline under a public road. Read Township and Butler County cited two regulations it had adopted governing livestock confinement…
Date: March 8, 2013
Citation: 285 Neb. 440
Docket Number: S-12-176
Justia Opinion Summary: Tenant rented a house pursuant to a lease agreement with Landlord. Tenant later lease another of Landlord's properties pursuant to a lease agreement. For both properties, Landlord charged Tenant additional monthly…
Date: March 8, 2013
Citation: 285 Neb. 456
Docket Number: S-12-191
Justia Opinion Summary: After a jury trial, Defendant was convicted of the unlawful sale or purchase of a motor vehicle under Neb. Rev. Stat. 60-1416. Defendant was classified as a habitual criminal and sentenced to twelve to thirty years'…
Date: March 8, 2013
Citation: 285 Neb. 472
Docket Number: S-12-307
Justia Opinion Summary: During a lighthearted moment at work, a doctor used his hand to tap or strike the back of a nurse's neck. The nurse sued the doctor for battery, among other things, claiming that the contact caused serious injuries.…
Date: March 1, 2013
Citation: 285 Neb. 369
Docket Number: S-11-1072
Justia Opinion Summary: Defendant was convicted of misdemeanor child abuse in the county court as the result of an incident in which she left her three minor children, including a six-week-old infant, unattended in her home. Sitting as an…
Date: March 1, 2013
Citation: 285 Neb. 314
Docket Number: S-11-415
Justia Opinion Summary: Defendant was convicted and sentenced for the Class II felony offense of attempted kidnapping. Defendant subsequently filed a petition for postconviction relief, claiming that his trial and appellate counsels were…
Date: March 1, 2013
Citation: 285 Neb. 321
Docket Number: S-11-626
Date: March 1, 2013
Citation: 285 Neb. 379
Docket Number: S-12-185
Date: March 1, 2013
Citation: 285 Neb. 386
Docket Number: S-12-294
Justia Opinion Summary: This appeal involved a declaratory judgment action challenging the constitutionality of a municipal ordinance creating an offstreet parking district adjoining a Cabela's store. Plaintiff, a resident of the City, filed a…
Date: February 22, 2013
Citation: 285 Neb. 241
Docket Number: S-07-640
Date: February 22, 2013
Citation: 285 Neb. 260
Docket Number: S-11-1026
Justia Opinion Summary: This appeal involved a Defendant who was sentenced by two different judges at different times in two criminal cases. At issue was how to properly credit Defendant with time served on both cases. The record showed that…
Date: February 22, 2013
Citation: 285 Neb. 270
Docket Number: S-11-1061
Date: February 22, 2013
Citation: 285 Neb. 243
Docket Number: S-11-940
Justia Opinion Summary: Defendant entered into a plea agreement with the State pleading guilty to ten counts of possession of child pornography. The court found Defendant guilty on all counts. After the State gave its sentencing recommendation,…
Date: February 22, 2013
Citation: 285 Neb. 272
Docket Number: S-12-038
Justia Opinion Summary: Employee, an undocumented worker, was injured while working for Employer. Employee was awarded temporary total disability benefits. Employer later petitioned the workers' compensation court to discontinue the temporary…
Date: February 22, 2013
Citation: 285 Neb. 312
Docket Number: S-12-1164
Date: February 22, 2013
Citation: 285 Neb. 290
Docket Number: S-12-558
Justia Opinion Summary: Appellees brought this negligence action in the district court against Appellant, the County of Madison, under the Political Subdivisions Tort Claims Act after two of Appellees were injured in a single-vehicle accident…
Date: February 15, 2013
Citation: 285 Neb. 231
Docket Number: S-12-591
Justia Opinion Summary: While in the course and scope of her employment, Appellant suffered and injury and incurred medical expenses. The Workers' Compensation Court ordered Appellant's employer (Employer) to pay the expenses. Employer made…
Date: February 8, 2013
Citation: 285 Neb. 174
Docket Number: S-11-685
Justia Opinion Summary: Defendant was convicted of discharging a firearm at a dwelling while in or near a motor vehicle, second degree assault, and use of a deadly weapon to commit a felony. Defendant appealed his convictions and sentences. The…
Date: February 8, 2013
Citation: 285 Neb. 193
Docket Number: S-11-718
Justia Opinion Summary: Defendant was charged with driving under the influence. Defendant unsuccessfully sought to suppress evidence of the traffic stop leading to his arrest, alleging that law enforcement did not have a reasonable, articulable…
Date: February 8, 2013
Citation: 285 Neb. 203
Docket Number: S-12-251
Justia Opinion Summary: After a jury trial, Defendant was convicted of third degree assault. The district court sentenced Defendant to twenty-four months of probation and ordered him to pay restitution to the victim. Defendant appealed,…
Date: February 8, 2013
Citation: 285 Neb. 211
Docket Number: S-12-517
Justia Opinion Summary: Father and Mother were unmarried when Mother became pregnant. The couple's child was born on February 9, 2012, but Father was not told about the birth. Father attempted to contact Mother several times and to gain…
Date: February 1, 2013
Citation: 285 Neb. 129
Docket Number: S-11-042
Justia Opinion Summary: Turbines, Ltd. purchased a replacement part for a helicopter engine from Transupport, Inc., intending to use the part to fill an order Turbines had received from a customer in Singapore to be shipped to Malaysia.…
Date: February 1, 2013
Citation: 285 Neb. 147
Docket Number: S-11-870
Date: February 1, 2013
Citation: 285 Neb. 157
Docket Number: S-12-039
Justia Opinion Summary: Prime Realty, Inc. (Prime) acted as general partner for two limited partnerships (collectively, the Partnerships). Without the Partnerships' limited partners' knowledge, Prime took out two loans from a bank (the Bank)…
Date: January 25, 2013
Citation: 285 Neb. 96
Docket Number: S-11-1095
Justia Opinion Summary: Husband filed a complaint for dissolution of marriage from Wife. The couple had three minor children. A deputy county attorney filed the petition in the Douglas County Juvenile Court. The court dismissed the action for…
Date: January 25, 2013
Citation: 285 Neb. 88
Docket Number: S-11-407
Justia Opinion Summary: After a jury trial, Defendant was found guilty of driving under the influence (DUI), fourth offense. The district court determined that a conviction for driving while ability impaired (DWAI) in Colorado could be used to…
Date: January 25, 2013
Citation: 285 Neb. 112
Docket Number: S-12-035
Justia Opinion Summary: Appellee, an LLC, sought a refund from Kearney County of a portion of its 2006 personal property taxes, alleging the taxes were paid as the result of an honest mistake or misunderstanding. The County Board of Supervisors…
Date: January 25, 2013
Citation: 285 Neb. 120
Docket Number: S-12-054
Justia Opinion Summary: Appellant owned a convention center. In the 2009 and 2010 tax years, the conference center was valued by the Sarpy County assessor at $23,400,000. Appellant protested that valuation to the Sarpy County Board of…
Date: January 18, 2013
Citation: 285 Neb. 37
Docket Number: S-11-1021
Justia Opinion Summary: Selma Development, LLC (Selma) obtained a loan from TierOne Bank (TierOne) that was guaranteed with six individual guaranty agreements. Selma later defaulted on the note. The property was sold at a trustee's sale, but…
Date: January 18, 2013
Citation: 285 Neb. 31
Docket Number: S-11-968
Date: January 18, 2013
Citation: 285 Neb. 48
Docket Number: S-12-069
Justia Opinion Summary: This was the second appeal in this case. Doctor, who was licensed to practice medicine in Nebraska and Washington, entered into an assurance of compliance with the Attorney General due to unprofessional conduct. The…
Date: January 18, 2013
Citation: 285 Neb. 60
Docket Number: S-12-271
Justia Opinion Summary: While employed as a nurse, Appellant was attacked by a psychiatric patient at her place of employment. Appellant filed a workers' compensation case against Employer. The trial court found that Appellant suffered a…
Date: January 18, 2013
Citation: 285 Neb. 72
Docket Number: S-12-339
Justia Opinion Summary: After Defendant pled no contest to third degree assault, the district court ordered Defendant to register under the Sex Offender Registration Act (SORA). The Supreme Court reversed and remanded for the district court to…
Date: January 18, 2013
Citation: 285 Neb. 80
Docket Number: S-12-377
Justia Opinion Summary: Law Firm represented Employee in a workers' compensation action against Employee's Employer. After a trial, Employee was awarded compensation, including medical expenses incurred by Employee with Medical Clinic. Employer…
Date: January 18, 2013
Citation: 285 Neb. 85
Docket Number: S-12-987
Date: January 11, 2013
Citation: 285 Neb. 1
Docket Number: S-11-083
Justia Opinion Summary: 3RP Operating, Inc. filed a claim with a receiver for payment of operating expenses of an oil well. The receiver managed the oil well at issue and was appointed by the district court in an underlying case in which…
Date: January 11, 2013
Citation: 285 Neb. 11
Docket Number: S-11-539
Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder. Prior to trial, Defendant filed a motion requesting the district court to redact video recordings of his police interviews. The court excluded certain…
Date: January 4, 2013
Citation: 284 Neb. 963
Docket Number: A-12-208
Justia Opinion Summary: In this workers' compensation case, Employee, an illegal alien, was injured in an accident during the course of his employment with Employer. Employer's insurance carrier subsequently informed Employer that it would…
Date: January 4, 2013
Citation: 284 Neb. 982
Docket Number: A-12-438
Justia Opinion Summary: Pursuant to Defendant's plea of no contest, the district court convicted Defendant of second degree murder. Upon sentencing, the court imposed a sentence of fifty years to life imprisonment. Defendant appealed,…
Date: January 4, 2013
Citation: 284 Neb. 950
Docket Number: S-12-206
Justia Opinion Summary: Appellant, a former police officer, was convicted after a jury trial of ten counts of possession of child pornography. Defendant was sentenced to sixty to 120 months' imprisonment. The Supreme Court affirmed, holding…
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