Nebraska Supreme Court Decisions 2014

Van Kleek v. Farmers Ins. Exch.  
Date: December 19, 2014
Citation: 289 Neb. 730
Docket Number: S-13-1006

Justia Opinion Summary: Jennifer Van Kleek was caring for Walter and Janet Chapman’s dog while the Chapmans were out of town when the dog bit her on her lower lip. Van Kleek sent a claim to the Chapmans’ homeowner’s insurer, Farmers Insurance E...

Millennium Labs., Inc. v. Ward  
Date: December 19, 2014
Citation: 289 Neb. 718
Docket Number: S-13-286

Justia Opinion Summary: In 2011, Ameritox, Ltd. sued Millennium Laboratories, Inc. in federal district court in Florida. In 2012, Millennium filed second amended counterclaims in response to Ameritox’s third amended complaint. The Florida court...

Shaffer v. Neb. Dep’t of Health & Human Servs.  
Date: December 19, 2014
Citation: 289 Neb. 740
Docket Number: S-14-165

Justia Opinion Summary: Brian Shaffer, who had severe autism and chemical sensitivities, resided with his mother, Delores Shaffer, who was paid to provide private duty nursing (PDN) care to Brian. In 2011, Brian’s Medicaid coverage was transfer...

O’Brien v. Bellevue Pub. Schs.  
Date: December 12, 2014
Citation: 289 Neb. 637
Docket Number: S-12-843

Justia Opinion Summary: Appellant filed a complaint in the district court against Bellevue Public Schools (BPS), alleging that he was fired as an employee of BPS in retaliation for reporting to his superiors the presence, demolition, and remov...

In re Estate of Stuchlik  
Date: December 12, 2014
Citation: 289 Neb. 673
Docket Number: S-13-1118

Justia Opinion Summary: Edward Stuchlik died testate and was survived by his wife, Margaret Stuchlik, and five children, including John Stuchlik and Kenneth Stuchlik. John sought removal of Margaret as the personal representative of the Edward...

State ex rel. Counsel for Dis. v. Connor
Date: December 12, 2014
Citation: 289 Neb. 660
Docket Number: S-13-963
In re Guardianship of Benjamin E.  
Date: December 12, 2014
Citation: 289 Neb. 693
Docket Number: S-14-030

Justia Opinion Summary: Rhonda was the mother and sole surviving parent of Benjamin, a twenty-two-year-old incapacitated adult. Rhonda filed a petition for the appointment of a guardian for Benjamin and nominated herself as guardian. The county...

In re Interest of Nedhal A.  
Date: December 12, 2014
Citation: 289 Neb. 711
Docket Number: S-14-217

Justia Opinion Summary: Appellant, a juvenile, was charged with committing criminal mischief for damaging the property of Cedars Teaching, Learning, & Connecting group home (Cedars Home) while she was a participant in its program. While the cha...

City of Beatrice v. Meints  
Date: December 5, 2014
Citation: 289 Neb. 558
Docket Number: S-12-1083 through S-12-1092

Justia Opinion Summary: A city code enforcement officer entered Appellant’s urban property, which was unfenced and uninhabited, without a warrant to investigate numerous motor vehicles and motorcycles without license plates or vehicles that wer...

State v. Herrera  
Date: December 5, 2014
Citation: 289 Neb. 575
Docket Number: S-13-659

Justia Opinion Summary: In 2012, Father and Mother, the biological parents A.H. and S.H, were charged with child abuse resulting in serious bodily injury to A.H. After a consolidated jury trial, the parents were convicted of the lesser-included...

State v. Banks  
Date: December 5, 2014
Citation: 289 Neb. 600
Docket Number: S-13-740

Justia Opinion Summary: In 2007, Appellant was convicted of first degree murder and sentenced to life imprisonment. The Supreme Court affirmed. In 2011, Appellant filed a pro se motion for postconviction relief, alleging that his trial counsel...

Linda N. v. William N.  
Date: December 5, 2014
Citation: 289 Neb. 607
Docket Number: S-14-152

Justia Opinion Summary: Mother, on behalf of her minor child, filed a petition for a domestic abuse protection order against Father. The district court issued an ex parte domestic abuse protection order. The evidence against Father included tex...

Damme v. Pike Enters., Inc.  
Date: December 5, 2014
Citation: 289 Neb. 620
Docket Number: S-14-304

Justia Opinion Summary: In 2009, Patricia Damme injured her low back in a workplace accident. In 2013, Damme underwent surgery on her back. The surgery was a success. The Workers’ Compensation Court awarded Damme temporary total disability bene...

Anthony K. v. Neb. Dep’t of Health & Human Servs.  
Date: November 21, 2014
Citation: 289 Neb. 540
Docket Number: S-12-736

Justia Opinion Summary: Plaintiffs, individually and as guardians and next friends on behalf of their seven minor children, sued the Nebraska Department of Health and Human Services (DHHS), several DHHS employees in their official and individua...

Anthony K. v. State  
Date: November 21, 2014
Citation: 289 Neb. 523
Docket Number: S-13-446

Justia Opinion Summary: After Plaintiffs’ oldest three children were removed from Plaintiffs' care and eventually reunified with them, Plaintiffs, individually and as guardians and next friends on behalf of their seven minor children, sued the...

Manon v. Orr  
Date: November 14, 2014
Citation: 289 Neb. 484
Docket Number: S-13-1010

Justia Opinion Summary: At issue in this appeal were certain parcels of land included in the corpus of a trust established by Virginia Waechter. In 2010, Virginia sold the parcels as trustee of the trust to her daughter Peggy Orr and her daught...

Gaver v. Schneider’s O.K. Tire Co.  
Date: November 14, 2014
Citation: 289 Neb. 491
Docket Number: S-13-1014

Justia Opinion Summary: Appellee was employed by Appellant on two separate occasions. On each occasion, Appellee signed a noncompete agreement. After Appellee’s second term of employment ended he filed a complaint seeking a declaratory judgment...

State v. Payne  
Date: November 14, 2014
Citation: 289 Neb. 467
Docket Number: S-13-495

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled no contest to first degree sexual assault of a child. Defendant did not file a direct appeal. Defendant later filed a second amended motion for postconviction relief, alleging...

In re Interest of Shayla H.  
Date: November 14, 2014
Citation: 289 Neb. 473
Docket Number: S-13-643

Justia Opinion Summary: Father had custody of his three minor children that were “Indian children” within the meaning of the federal Indian Child Welfare Act (ICWA) and the Nebraska Indian Child Welfare Act (NICWA). The children were adjudicate...

State v. Hansen  
Date: November 14, 2014
Citation: 289 Neb. 478
Docket Number: S-13-653

Justia Opinion Summary: Defendant was convicted of arson, conspiracy, and aiding the consummation of a felony for conspiring with her employee to burn down a house that was owned and insured by her friend. Defendant paid off her employee with h...

State v. Planck  
Date: November 14, 2014
Citation: 289 Neb. 510
Docket Number: S-14-151

Justia Opinion Summary: After a jury trial conducted by the county court, Defendant was found guilty of driving while her motor vehicle operator’s license was administratively revoked. Defendant appealed, arguing, among other things, that the c...

Shepard v. Houston  
Date: November 7, 2014
Citation: 289 Neb. 399
Docket Number: S-13-1032

Justia Opinion Summary: Neb. Rev. Stat. 29-4106(2) provides for retroactive application of its requirement that inmates convicted of a felony sex offense or other specified offense submit a DNA sample before being discharged from confinement. T...

In re Interest of Nathaniel M.  
Date: November 7, 2014
Citation: 289 Neb. 430
Docket Number: S-13-1066, S-13-1067, S-13-1068

Justia Opinion Summary: The county court for Madison County, sitting as a juvenile court, committed thirteen-year-old Nathaniel to a youth rehabilitation and treatment center. The Nebraska Department of Health and Human Services appealed, argui...

Huskey v. Huskey  
Date: November 7, 2014
Citation: 289 Neb. 439
Docket Number: S-13-1140

Justia Opinion Summary: Upon the divorce of Mother and Father, Mother was awarded custody of the parties’ two children, and Father was granted parenting time. Thereafter, Mother joined the military and was assigned to Fort Benning, Georgia for...

Charleen J. v. Blake O.  
Date: November 7, 2014
Citation: 289 Neb. 454
Docket Number: S-14-021

Justia Opinion Summary: In 2010, the district court for Boone County issued a default judgment of paternity against the father of a child born out of wedlock. In 2013, the mother filed a complaint for custody in the district court for Madison C...

State ex rel. Counsel for Dis. v. Thebarge
Date: October 31, 2014
Citation: 289 Neb. 356
Docket Number: S-13-1001, S-14-128
State v. Piper  
Date: October 31, 2014
Citation: 289 Neb. 364
Docket Number: S-13-1029

Justia Opinion Summary: After a jury trial, Defendant was found guilty of driving under the influence, second offense. Defendant appealed, challenging the county court’s determinations that the Nebraska rules of evidence did not apply to the he...

State v. Fernando-Granados  
Date: October 31, 2014
Citation: 289 Neb. 348
Docket Number: S-13-899

Justia Opinion Summary: In 2003, Appellant was convicted of first degree murder and use of a deadly weapon to commit a felony. Appellant’s convictions were affirmed on direct appeal. In 2012, Appellant filed a motion for postconviction relief,...

State v. Castillo-Zamora  
Date: October 31, 2014
Citation: 289 Neb. 382
Docket Number: S-14-020

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree sexual assault and sentenced to three to five years’ imprisonment. The Supreme Court affirmed the conviction, holding that the district court did not err in...

State v. Wetherell  
Date: October 24, 2014
Citation: 289 Neb. 312
Docket Number: S-13-805

Justia Opinion Summary: In 1999, Appellant pled no contest to first degree murder. Appellant was eighteen years old at the time of the offense. Appellant was sentenced to a mandatory sentence of life imprisonment without the possibility of paro...

In re Interest of Gabriella H.  
Date: October 24, 2014
Citation: 289 Neb. 323
Docket Number: S-13-900

Justia Opinion Summary: The State filed a petition to terminate Father’s parental rights to his daughter based on Father’s abandonment of the child. After a hearing, the juvenile court entered an order terminating Father’s parental rights to hi...

State v. Sanders  
Date: October 24, 2014
Citation: 289 Neb. 335
Docket Number: S-13-901

Justia Opinion Summary: Defendant was convicted of discharging a firearm at a dwelling while in or near a motor vehicle, in violation of Neb. Rev. Stat. 28-1212.04, and using a firearm to commit a felony. Defendant’s convictions and sentences w...

State v. Kays  
Date: October 17, 2014
Citation: 289 Neb. 260
Docket Number: S-11-504

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual assault of a child. Defendant appealed, assigning as error that an alternate thirteenth juror deliberated and was polled in the guilty verdict against him. The origin...

State v. Henderson  
Date: October 17, 2014
Citation: 289 Neb. 271
Docket Number: S-13-559

Justia Opinion Summary: Defendant was convicted of first degree murder, attempted first degree murder, and other crimes. On appeal, Defendant argued, among other things, that the district court erred when it overruled his motion to suppress evi...

Fed. Nat’l Mortgage Ass’n v. Marcuzzo  
Date: October 17, 2014
Citation: 289 Neb. 301
Docket Number: S-13-929

Justia Opinion Summary: A court is required to dismiss a forcible entry and detainer action upon receiving evidence of the existence of a title dispute. In this case, Plaintiff filed a forcible entry and detainer complaint against Defendants in...

State v. Dubray  
Date: October 10, 2014
Citation: 289 Neb. 208
Docket Number: S-12-1171

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first degree murder and two related counts of use of a deadly weapon to commit a felony. Defendant was sentenced to terms of life imprisonment for each of t...

State ex rel. Connor H.  
Date: October 10, 2014
Citation: 289 Neb. 246
Docket Numbers: S-13-1995, S-13-1000, S-13-995, S-13-1000

Justia Opinion Summary: Connor was born out of wedlock to Blake and Amanda and given Amanda’s maiden surname. Amanda was granted sole legal and physical custody of Connor. Amanda subsequently married and changed her surname to that of her husba...

State v. Matthews  
Date: October 3, 2014
Citation: 289 Neb. 184
Docket Number: S-12-1052

Justia Opinion Summary: After a jury trial, Defendant was convicted of six felonies arising from a shooting involving multiple victims, including attempted first degree murder and use of a deadly weapon to commit a felony with respect to Kevin...

Rice v. Bixler  
Date: October 3, 2014
Citation: 289 Neb. 194
Docket Number: S-13-699

Justia Opinion Summary: Plaintiff, the surface owner of various tracts of land in Sioux County, sued the alleged owners of severed mineral interests in those tracts, claiming that the defendants abandoned their interests because they did not co...

State v. Abdullah  
Date: September 26, 2014
Citation: 289 Neb. 123
Docket Number: S-12-908

Justia Opinion Summary: After a bench trial, Defendant was convicted of first degree assault. Defendant appealed, arguing (1) there was insufficient evidence to support the conviction, (2) the sentence was excessive, and (3) his trial counsel p...

deNourie & Youst Homes, LLC v. Frost  
Date: September 26, 2014
Citation: 289 Neb. 136
Docket Number: S-13-656

Justia Opinion Summary: Debtors contracted with Builder to finish construction on a house. After Debtors defaulted on progress payments, Builder sued Debtors and Bank, claiming that Defendants falsely represented or concealed material informati...

In re Trust Created by Nabity  
Date: September 26, 2014
Citation: 289 Neb. 164
Docket Number: S-13-670, S-13-671

Justia Opinion Summary: In 1998, a trust was established for the care of Evelyn A. Nabity. In 2011, Evelyn amended the trust agreement that changed the identity of the trustees. In 2012, Evelyn’s son, Robert, petitioned for the appointment of a...

Gaytan v. Wal-Mart  
Date: September 19, 2014
Citation: 289 Neb. 49
Docket Number: S-13-039

Justia Opinion Summary: Jose Dominguez was working for D & BR Building Systems, Inc. (D&BR) on the roof of a building being constructed for Wal-Mart Stores, Inc. when he was killed in an accident. D&BR had subcontracted with with Graham Constru...

Speece v. Allied Prof’ls Ins. Co.  
Date: September 19, 2014
Citation: 289 Neb. 75
Docket Number: S-13-700

Justia Opinion Summary: At issue in this case was whether federal law preempts Neb. Rev. Stat. 25-2602.01(f)(4), which generally prohibits mandatory arbitration clauses in insurance contracts. Here, Allied Professionals Insurance Company (APIC)...

State v. Mamer  
Date: September 19, 2014
Citation: 289 Neb. 92
Docket Number: S-13-785

Justia Opinion Summary: In 2011, Appellant, who was not a citizen of the United States, pled guilty to attempted sexual assault in the first degree. After Appellant was released from incarceration he filed a motion to withdraw his plea and vaca...

State v. Lavalleur  
Date: September 19, 2014
Citation: 289 Neb. 102
Docket Number: S-13-821

Justia Opinion Summary: Defendant was charged with first degree sexual assault and attempted first degree sexual assault. Before trial, Defendant sought to offer evidence that the complaining witness had an intimate relationship with a third pa...

State ex rel. Counsel for Dis. v. Prettyman
Date: September 19, 2014
Citation: 289 Neb. 120
Docket Number: S-14-462
State Farm Fire & Cas. Co. v. Dantzler  
Date: September 12, 2014
Citation: 289 Neb. 1
Docket Number: S-12-1042

Justia Opinion Summary: State farm Fire & Casualty Company issued a rental dwelling policy to Jerry Dantzler. The tenants of Dantzler’s rental property sued Dantzler for personal injuries allegedly sustained by a Dantzler’s tenant as a result o...

McDougle v. State ex rel. Bruning  
Date: September 12, 2014
Citation: 289 Neb. 19
Docket Number: S-12-1186

Justia Opinion Summary: Eric McDougle held licenses as a mental health practitioner and as a provisional alcohol and drug counselor. The director of the Division of Public Health of the Department of Health and Human Services (Department) issue...

State ex rel. Counsel for Dis. v. Council
Date: September 12, 2014
Citation: 289 Neb. 33
Docket Number: S-13-379
State ex rel. Loontjer v. Gale  
Date: September 5, 2014
Citation: 288 Neb. 973
Docket Number: S-14-684

Justia Opinion Summary: The Nebraska Constitution generally prohibits the Legislature from authorizing games of chance but contains an exception for live horseracing under certain conditions. At issue in this case was L.R. 41CA, a resolution to...

State v. Rodriguez  
Date: August 29, 2014
Citation: 288 Neb. 878
Docket Number: S-13-062

Justia Opinion Summary: After a jury trial, Appellant was convicted for driving under the influence, third offense. The court of appeals affirmed Appellant’s conviction and sentence. The Supreme Court reversed the court of appeals, holding (1)...

Kelliher v. Soundy  
Date: August 29, 2014
Citation: 288 Neb. 898
Docket Number: S-13-538

Justia Opinion Summary: Michael Kelliher and Travis Soundy had equal membership rights in Clover Investments, LLC, which purchased a bar. Soundy then purchased Kelliher’s interest in Clover. Kelliher and Soundy subsequently negotiated an agreem...

Brock v. Dunning  
Date: August 29, 2014
Citation: 288 Neb. 909
Docket Number: S-13-647

Justia Opinion Summary: Appellant was injured while on duty as a deputy sheriff with the Douglas County sheriff’s office. While Appellant was receiving workers’ compensation benefits, a County employee had Appellant placed under surveillance. T...

Big John's Billiards, Inc. v. State  
Date: August 29, 2014
Citation: 288 Neb. 938
Docket Number: S-13-803

Justia Opinion Summary: In 2008, the Nebraska Legislature amended the Nebraska Clean Indoor Act to prohibit smoking in public places and places of employment. Four indoor facilities were exempted from that prohibition. Plaintiff, a corporation...

Weber v. N. Loup River Pub. Power & Irrigation Dist.  
Date: August 29, 2014
Citation: 288 Neb. 959
Docket Number: S-13-808

Justia Opinion Summary: William Weber and Dixie Weber irrigated eight tracts of water from the upper Taylor-Ord Canal under contract with North Loup Public Power and Irrigation District. In June 2010, flooding occurred that destroyed a diversio...

State ex rel. Counsel for Dis. v. Edwards
Date: August 22, 2014
Citation: 288 Neb. 854
Docket Number: S-12-609
Hoppens v. Neb. Dep’t of Motor Vehicles  
Date: August 22, 2014
Citation: 288 Neb. 857
Docket Number: S-13-755

Justia Opinion Summary: A police officer found Appellant in the driver’s seat of a vehicle parked in an Omaha Police Department parking lot. The officer observed signs of intoxication and placed Appellant under arrest. Appellant declined the ta...

Telrite Corp. v. Neb. Pub. Serv. Comm’n  
Date: August 22, 2014
Citation: 288 Neb. 866
Docket Number: S-13-870

Justia Opinion Summary: Telrite Corporation was designated as an eligible telecommunications carrier and a Nebraska eligible telecommunications carrier by the Nebraska Public Service Commission (PSC). The designation allowed Telrite to particip...

Neb. Accountability & Disclosure Comm’n v. Skinner  
Date: August 15, 2014
Citation: 288 Neb. 804
Docket Number: S-13-389, S-13-390

Justia Opinion Summary: Two employees of Northwest Rural Public Power District (NRPPD), a political subdivision, purchased short radio advertisements on the subject of wind energy, electricity rates, and generation duplication, which were broad...

State v. Knutson  
Date: August 15, 2014
Citation: 288 Neb. 823
Docket Number: S-13-558

Justia Opinion Summary: Defendant, a teacher at a public school, was charged with five counts of sexual assault and child abuse involving four minor girls: T.P., M.K., E.M., and E.A. Three of the girls were Defendant’s students when the conduct...

Robertson v. Jacobs Cattle Co.  
Date: August 15, 2014
Citation: 288 Neb. 846
Docket Number: S-13-860

Justia Opinion Summary: Appellants - four of the partners in the Jacobs Cattle Company partnership - sought dissolution and liquidation of the partnership. Appellees - the partnership and the remaining partners - filed a counterclaim seeking di...

State v. Sandoval  
Date: August 8, 2014
Citation: 288 Neb. 754
Docket Number: S-11-872

Justia Opinion Summary: In 2004, Defendant pleaded guilty to possession of methamphetamine. After Defendant had served the sentence for his offense Defendant filed a petition for writ of error coram nobis, asserting that neither the district co...

State v. Chojolan  
Date: August 8, 2014
Citation: 288 Neb. 760
Docket Number: S-12-1113

Justia Opinion Summary: In 2006, Appellant pled guilty to attempted possession of a controlled substance. In 2012, Appellant filed a motion seeking to withdraw his 2006 plea, alleging that neither his counsel nor the court had advised him of th...

State v. Hill  
Date: August 8, 2014
Citation: 288 Neb. 767
Docket Number: S-13-698

Justia Opinion Summary: Defendant was convicted of first degree murder in connection with the shooting death of an acquaintance of Defendant. Defendant filed three motions to suppress evidence, all of which were denied. Defendant appealed the d...

State v. Smith  
Date: August 8, 2014
Citation: 288 Neb. 797
Docket Number: S-13-891

Justia Opinion Summary: In 1983, when he was sixteen years old, Defendant was convicted of burglary and kidnapping. The court imposed the mandatory sentence of life imprisonment for the kidnapping and a term of five to twenty years’ imprisonmen...

SFI Ltd. Partnership 8 v. Carroll  
Date: August 1, 2014
Citation: 288 Neb. 698
Docket Number: S-13-192

Justia Opinion Summary: SFI Ltd. Partnership 8 (SFI) owned an apartment complex containing approximately 200 apartments. Through its agent, SFI leased an apartment to Michelle Carroll. The lease included provisions requiring Carroll to pay for...

Nebraska v. Rodriguez  
Date: August 1, 2014
Citation: 288 Neb. 714
Docket Number: S-13-325

Justia Opinion Summary: In 2013, Francisco Rodriguez moved to withdraw his guilty plea and to vacate his 2004 conviction for attempted possession of a controlled substance (Class I misdemeanor). He argued that before entering a guilty plea in t...

Nebraska v. Tolbert  
Date: August 1, 2014
Citation: 288 Neb. 732
Docket Number: S-13-847

Justia Opinion Summary: Appellant Angelo Tolbert was convicted of first degree murder, first degree assault, and two counts of use of a deadly weapon to commit a felony. He was sentenced to life imprisonment on the murder count and 40 to 50 yea...

Potter v. McCulla  
Date: August 1, 2014
Citation: 288 Neb. 741
Docket Number: S-13-944

Justia Opinion Summary: Barbara Potter suffered a repetitive trauma injury as a result of her employment as a dental hygienist over a period of more than 30 years. In late 2007 or early 2008, while working in a dental clinic for Dr. Patrick McC...

Jacobson v. Shresta  
Date: July 25, 2014
Citation: 288 Neb. 615
Docket Number: S-11-438

Justia Opinion Summary: Virginia Jacobson died from complications after choking on a piece of meat. Jacobson was under the care of Dr. Sherry Shresta and Dr. Gaston Cornu-Labat before she died. Virginia’s husband and the special administrator o...

Breci v. St. Paul Mercury Ins. Co.  
Date: July 25, 2014
Citation: 288 Neb. 626
Docket Number: S-12-983

Justia Opinion Summary: A credit union sued former members of the credit union’s board of directors. The former directors submitted the lawsuit to the credit union’s insurer, seeking coverage under the policy. The insurer denied coverage. The f...

Schellhorn v. Schmieding  
Date: July 25, 2014
Citation: 288 Neb. 647
Docket Number: S-13-418

Justia Opinion Summary: Plaintiffs sought to quiet title in their favor to a disputed parcel of land of which Defendants were the record owners. Defendants filed a cross-claim seeking a prescriptive easement in the event that title was quieted...

State v. Kudlacz  
Date: July 25, 2014
Citation: 288 Neb. 656
Docket Number: S-13-570

Justia Opinion Summary: Appellant pled guilty to one count of issuing a bad check. Upon satisfactory completion of the conditions of his probation, the district court entered an order releasing Appellant from probation. Appellant then moved to...

Correa v. Estate of Hascall  
Date: July 25, 2014
Citation: 288 Neb. 662
Docket Number: S-13-749

Justia Opinion Summary: Gloria Correa was involved in a motor vehicle accident with E. Dean Hascall (Hascall). Hascall later died of causes unrelated to the accident. After Hascall’s estate was closed, Correa filed a negligence action against t...

State v. Hessler  
Date: July 25, 2014
Citation: 288 Neb. 670
Docket Number: S-13-850

Justia Opinion Summary: Appellant was convicted of first degree murder, kidnapping, and first degree sexual assault on a child. Appellant was sentenced to death on the murder conviction. The Supreme Court affirmed the convictions and sentences...

Stauffer v. Benson  
Date: July 25, 2014
Citation: 288 Neb. 683
Docket Number: S-13-928

Justia Opinion Summary: Appellees, husband and wife, entered into an agreement with Appellant under which Appellees were to purchase Appellant’s undivided one-third interest in a 160-acre parcel of real estate. Appellant subsequently backed out...

Dean v. State  
Date: July 18, 2014
Citation: 288 Neb. 530
Docket Number: S-12-974, S-12-975

Justia Opinion Summary: In 1989, James Dean and Ada JoAnn Taylor (Appellees) were swept into the investigation into the 1985 death of Helen Wilson. Both Appellees ultimately confessed to their involvement in Wilson’s murder after receiving “hel...

J.M. v. Hobbs  
Date: July 18, 2014
Citation: 288 Neb. 546
Docket Number: S-13-616

Justia Opinion Summary: At issue in this case was the Legislature’s amendments to anti-attachment statutes to allow a civil judgment to attach to the distributed retirement assets of State Patrol officers and other public employees who have com...

Christiansen v. County of Douglas  
Date: July 18, 2014
Citation: 288 Neb. 564
Docket Number: S-13-689, S-13-691

Justia Opinion Summary: Beginning in 1974, Douglas County’s retired employees paid the same amount as active employees for health insurance coverage. In 2009, the County Board of Commissioners adopted a resolution that charged retirees premiums...

Tierney v. Four H Land Co. Ltd. P’ship  
Date: July 18, 2014
Citation: 288 Neb. 586
Docket Number: S-13-720

Justia Opinion Summary: This case involved a parcel of real estate previously owned by Four H Land Company Limited Partnership (Four H). Four H twice applied for a conditional use permit (CUP) to operate a sand and gravel pit on the property. J...

Skyline Manor, Inc. v. Rynard  
Date: July 18, 2014
Citation: 288 Neb. 602
Docket Number: S-13-875

Justia Opinion Summary: Emerson Link was elected as the resident director of Skyline Manor, Inc., a Nebraska non-profit corporation without members whose management was vested in a board of directors. Skyline owns the Skyline Retirement Communi...

In re Interest of Justine J.  
Date: July 18, 2014
Citation: 288 Neb. 607
Docket Number: S-13-993

Justia Opinion Summary: The State petitioned to remove Mother’s two daughters, age fourteen and age eleven, from Mother’s home and to terminate Mother’s parental rights to the girls. The juvenile court found that the children came within the me...

In re Application of Collins
Date: July 11, 2014
Citation: 288 Neb. 519
Docket Number: S-13-1020
In re 2007 Appropriations of Niobrara River Waters  
Date: July 11, 2014
Citation: 288 Neb. 497
Docket Number: S-13-702

Justia Opinion Summary: Nebraska Department of Natural Resources (NPPD) was the owner or lessee of three water appropriations to divert water from the Niobrara River for hydropower generation. In 2007, the Nebraska Department of Natural Resourc...

In re Interest of Joseph S.  
Date: July 3, 2014
Citation: 288 Neb. 463
Docket Number: S-13-339

Justia Opinion Summary: The State filed an amended petition seeking termination of Mother’s parental rights to her three minor children, alleging the children were within the meaning of Neb. Rev. Stat. 43-292(2) because Mother had substantially...

Warner v. Simmons  
Date: July 3, 2014
Citation: 288 Neb. 472
Docket Number: S-13-392

Justia Opinion Summary: Appellant suffered a legal injury when she fell while using a wooden plank walkway at a cabin owned by Lee Simmons, doing business as Niobrara River Ranch, LLC (Niobrara Ranch). Appellant filed an amended complaint again...

Simmons v. Precast Haulers, Inc.  
Date: July 3, 2014
Citation: 288 Neb. 480
Docket Number: S-13-848

Justia Opinion Summary: Michael Simmons was employed by Precast Haulers, Inc. when he sustained extensive injuries to his whole body during the course of his employment. Precast Haulers conceded that Michael’s injuries and the related medical b...

In re Rolf H. Brennemann Testamentary Trust  
Date: June 27, 2014
Citation: 288 Neb. 389
Docket Number: S-12-1029

Justia Opinion Summary: After Kim Abbott, a beneficiary of her grandfather’s trust, learned that the trust had become “non-economical,” she filed a complaint against the trustees, alleging that the trustees had breached their fiduciary duties t...

State ex rel. Counsel for Dis. v. Simon
Date: June 27, 2014
Citation: 288 Neb. 385
Docket Number: S-12-498, S-13-1149
Elting v. Elting  
Date: June 27, 2014
Citation: 288 Neb. 404
Docket Number: S-13-551

Justia Opinion Summary: In 1976, a family farming partnership was formed among Glenn Elting and his two sons, Kerwin and Perry. The partners comprising the partnership changed over the years, but the management of the partnership remained with...

Sanitary & Improvement Dist. No. 424 v. Tristar Mgmt., LLC  
Date: June 27, 2014
Citation: 288 Neb. 425
Docket Number: S-13-582

Justia Opinion Summary: At issue in this case were five parcels of real estate located within the Sanitary and Improvement District No. 424 of Douglas County (SID). In 2011, the SID became the titleholder of the properties. Through assignment,...

State v. Merchant  
Date: June 27, 2014
Citation: 288 Neb. 439
Docket Number: S-13-903

Justia Opinion Summary: Appellant was charged with the unlawful sale or purchase of a motor vehicle by acting as a motor vehicle dealer, auction dealer, motor vehicle salesperson, or dealer’s agent without the required license. After a jury tri...

Lenz v. Cent. Parking Sys. of Neb., Inc.  
Date: June 27, 2014
Citation: 288 Neb. 453
Docket Number: S-13-930

Justia Opinion Summary: In December 2008, Appellee was performing his duties as an outdoor parking lot attendant when he developed frostbite. Appellee’s employer and its insurance company (Appellants) voluntarily paid for the medical treatment...

Irwin v. West Gate Bank  
Date: June 20, 2014
Citation: 288 Neb. 353
Docket Number: S-13-322

Justia Opinion Summary: Jack Irwin owed a warehouse that Shade rented to store personal property. West Gate Bank held notes payable from Shade that were secured by Shade’s personal property. Shade later defaulted on the notes. Irwin and West Ga...

In re Estate of Greb  
Date: June 20, 2014
Citation: 288 Neb. 362
Docket Number: S-13-543

Justia Opinion Summary: Ralph Greb died in 2010. At issue in this case was the distribution of Ralph’s estate in kind to two beneficiaries, his son, Richard, and his daughter, Nanette. The county court overruled Richard’s and Nanette’s objectio...

State v. Berney  
Date: June 20, 2014
Citation: 288 Neb. 377
Docket Number: S-13-829, S-13-830

Justia Opinion Summary: Defendant pleaded no contest to two counts of burglary and was found to be a habitual criminal. The district court sentenced Defendant to a term of ten to ten years’ imprisonment for each burglary conviction. The distric...

State v. Carngbe  
Date: June 13, 2014
Citation: 288 Neb. 347
Docket Number: S-13-1077

Justia Opinion Summary: Defendant pled no contest to one count of burglary and was sentenced to six to eight years’ imprisonment. Defendant argued that he was entitled to credit for time served of 197 days - four for the current charge and 193...

RFD-TV v. WildOpenFence Fin.  
Date: June 13, 2014
Citation: 288 Neb. 318
Docket Number: S-13-581

Justia Opinion Summary: RFD-TV, LLC, a television programming service, executed an affiliation agreement with Sunflower Broadband Corporation that granted Sunflower a nonexclusive right to distribute RFD programming to Sunflower’s subscribers i...

Payne v. Neb. Dep’t of Corr. Servs.  
Date: June 13, 2014
Citation: 288 Neb. 330
Docket Number: S-13-627

Justia Opinion Summary: Appellant, an inmate incarcerated at the Tecumseh State Correctional Institution (TSCI), filed a petition for declaratory judgment alleging that TSCI operational memorandums that generally limited an inmate’s access to t...

Nichols v. Nichols  
Date: June 13, 2014
Citation: 288 Neb. 339
Docket Number: S-13-841

Justia Opinion Summary: In 2009, Bonnie Nichols and Margie Nichols were married in Iowa. In 2012, Bonnie filed a complaint in a Nebraska court to dissolve the union. Margie filed a motion to dismiss, asserting that a Nebraska court lacked juris...

Wayne G. v. Jacqueline W.  
Date: June 6, 2014
Citation: 288 Neb. 262
Docket Number: S-12-1037

Justia Opinion Summary: After mother remarried, she petitioned for the termination of Father’s parental rights to the parties’ minor child. The county court entered an order terminating Father’s parental rights, concluding that termination was...

Linscott v. Shasteen  
Date: June 6, 2014
Citation: 288 Neb. 276
Docket Number: S-13-597

Justia Opinion Summary: Martin Linscott, Rolf Shasteen and Tony Brock formed the law firm Shasteen, Linscott & Brock (SLB). Linscott drafted a proposed shareholder agreement contemplating that if a shareholder left the firm, he would receive on...

State v. Hettle  
Date: June 6, 2014
Citation: 288 Neb. 288
Docket Number: S-13-661

Justia Opinion Summary: The State filed an information charging several counts against Defendant. Defendant was subsequently granted an indefinite continuance. The State then filed an amended information against Defendant, charging him with add...

Blaser v. County of Madison  
Date: June 6, 2014
Citation: 288 Neb. 306
Docket Number: S-13-764

Justia Opinion Summary: Plaintiffs sued Madison County under the Political Subdivisions Tort Claims Act, alleging that the County was negligent for failing to maintain a vacated county road, causing injuries to some of Plaintiffs. The district...

State v. Avey  
Date: May 30, 2014
Citation: 288 Neb. 233
Docket Number: S-13-666

Justia Opinion Summary: Appellant was charged with driving under the influence and with failing to yield the right-of-way. Appellant filed a motion to suppress evidence obtained as a result an alleged seizure that he asserted was in violation...

Daniels v. Maldonado-Morin  
Date: May 30, 2014
Citation: 288 Neb. 241
Docket Number: S-13-738

Justia Opinion Summary: Mother and Father were the biological parents of Son and had joint legal custody of Son. Since his birth, Son lived primarily with Mother. In 2001, Mother married Stepfather. In 2013, Father filed a complaint to modify,...

State v. Turner  
Date: May 30, 2014
Citation: 288 Neb. 249
Docket Number: S-13-846

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a weapon by a prohibited person. Defendant appealed, arguing that the district court erred...

State ex rel. Counsel for Dis. v. Pivovar
Date: May 23, 2014
Citation: 288 Neb. 186
Docket Number: S-12-1165
Conroy v. Keith County Bd. of Equalization  
Date: May 23, 2014
Citation: 288 Neb. 196
Docket Number: S-13-277

Justia Opinion Summary: For the tax year 2011, the county assessor decided to assess property taxes on parcel of land owned by Central Nebraska Public Power and Irrigation District (Central) but leased to private parties. Central protested the...

Garza v. Garza  
Date: May 23, 2014
Citation: 288 Neb. 213
Docket Number: S-13-606

Justia Opinion Summary: Mother and Father had a son while they were married. Mother filed for divorce, and a decree and parenting plan awarded sole primary and legal custody to Mother. Father was awarded visitation and ordered to pay $500 per m...

In re Estate of Gsantner  
Date: May 23, 2014
Citation: 288 Neb. 222
Docket Number: S-13-633

Justia Opinion Summary: After Decedent died in 2012, Ryan Gray was appointed as personal representative of Decedent’s estate. The final value of the estate was more than $5 million. When filing a petition for formal probate of the will, Gray su...

State ex rel. B.M. v. Brian F.  
Date: May 16, 2014
Citation: 288 Neb. 106
Docket Number: S-12-1123

Justia Opinion Summary: After B.M. was born in 1994, Brian F. signed an acknowledgement of paternity stating that he was the biological father of B.M. In 1996, a decree of paternity established Brian F. as the legal father of the child and orde...

State v. Bol  
Date: May 16, 2014
Citation: 288 Neb. 144
Docket Number: S-13-317

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence (DUI) with refusal of a chemical test and driving during revocation. The Supreme Court affirmed the convictions and sentences, holding (1) the di...

State v. Matit  
Date: May 16, 2014
Citation: 288 Neb. 163
Docket Number: S-13-318

Justia Opinion Summary: Defendant was convicted of fourth-offense driving under the influence (DUI) and was sentenced to a term of imprisonment of two to three years. In addition, Defendant’s driver’s license was revoked for fifteen years. Defe...

Wingfield v. Hill Bros. Transp., Inc.  
Date: May 16, 2014
Citation: 288 Neb. 174
Docket Number: S-13-716

Justia Opinion Summary: Appellant, an over-the-road truck driver, filed a claim for workers’ compensation benefits, alleging that he sustained injuries in the form of deep vein thrombosis and pulmonary embolism in an accident that occurred duri...

Hike v. State  
Date: May 9, 2014
Citation: 288 Neb. 60
Docket Number: S-12-1080

Justia Opinion Summary: Through its power of eminent domain, the State of Nebraska Department of Roads (NDOR) took real property owned by Leo and Joanna Hike for a highway project. The parties were unable to agree on compensation, and the case...

ConAgra Foods, Inc. v. Zimmerman  
Date: May 9, 2014
Citation: 288 Neb. 81
Docket Number: S-13-375

Justia Opinion Summary: Ryan Zimmerman drove onto ConAgra Foods, Inc.’s Omaha campus and fired a gun five times at window washers working on ConAgra property. ConAgra filed a complaint seeking a temporary restraining order, a preliminary injunc...

Rodgers v. Neb. State Fair  
Date: May 9, 2014
Citation: 288 Neb. 92
Docket Number: S-13-651

Justia Opinion Summary: In 2009, Appellant suffered injuries to both of his knees in a work-related accident. Appellant filed a request for loss of earning compensation. The Workers’ Compensation Court concluded that, notwithstanding findings o...

Latzel v. Bartek  
Date: May 2, 2014
Citation: 288 Neb. 1
Docket Number: S-13-053

Justia Opinion Summary: Thomas Latzel was a passenger in the vehicle of Daniel Vanekelenburg, who was driving, when the vehicle collided with another vehicle driven by Patrick Gaughen. The collision occurred at an unmarked intersection of two c...

Am. Family Mut. Ins. Co. v. Regent Ins. Co.  
Date: May 2, 2014
Citation: 288 Neb. 25
Docket Number: S-13-297

Justia Opinion Summary: A guest (“Guest”) at an apartment complex fell of a third-story apartment’s balcony, rendering him quadriplegic. Guest sued the apartment complex’s ownership (“Owner”) and management (“Manager”) under theories of joint a...

Doe v. Bd. of Regents of Univ. of Neb.  
Date: April 24, 2014
Citation: 287 Neb. 990
Docket Number: S-12-1136

Justia Opinion Summary: Plaintiff sued Defendants, the University of Nebraska Medical Center (UNMC), the Board of Regents of the University of Nebraska, and several members of the UNMC’s staff, in their official and individual capacities, for v...

Kibler v. Kibler  
Date: April 24, 2014
Citation: 287 Neb. 1027
Docket Number: S-13-572

Justia Opinion Summary: Husband filed a complaint seeking a divorce from Wife. Before trial, the parties negotiated a settlement, and Wife’s attorney drafted a decree. Wife, however, refused to sign the decree, and Husband filed a motion to com...

Kotrous v. Zerbe  
Date: April 24, 2014
Citation: 287 Neb. 1033
Docket Number: S-13-589

Justia Opinion Summary: Plaintiff filed a complaint against Defendants, including Lyle Sukup and Kristen Sukup, seeking payment for a boundary fence he built between his property and the property in which Defendants had an interest. Specificall...

State v. Ryan  
Date: April 18, 2014
Citation: 287 Neb. 938
Docket Number: S-12-215

Justia Opinion Summary: Appellant was convicted of first degree murder and sentenced to death. The Supreme Court affirmed. Appellant subsequently filed two postconviction motions, both of which were denied. Appellant also filed for federal habe...

In re Complaint Against Schatz  
Date: April 18, 2014
Citation: 287 Neb. 952
Docket Number: S-13-139

Justia Opinion Summary: The Commission on Judicial Qualifications charged Gregory Schatz, a district judge, with misconduct for improperly intervening in a case involving his friend by ordering him released from jail on Schatz’s own recognizanc...

Johnson v. City of Fremont  
Date: April 18, 2014
Citation: 287 Neb. 960
Docket Number: S-13-668

Justia Opinion Summary: The City of Fremont paved on block of a street and assessed the paving costs against abutting property owners. The City relied on Nebraska’s “gap and extend” law, which permits a city to “pave any unpaved street…which in...

Hall v. County of Lancaster  
Date: April 18, 2014
Citation: 287 Neb. 969
Docket Number: S-13-724

Justia Opinion Summary: In 2009, a pickup truck and a school bus collided at a rural intersection that had limited visibility and was “blind” for both drivers. A stop sign facing the truck was missing at the intersection. Jeff Hall, the driver...

State v. DeJong  
Date: April 11, 2014
Citation: 287 Neb. 864
Docket Number: S-12-432

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony for the death of her husband. On appeal, Defendant argued that the trial court abused its discretion by adm...

State v. Patton  
Date: April 11, 2014
Citation: 287 Neb. 899
Docket Number: S-13-105

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony stemming from Defendant’s involvement in a fatal shooting that occurred during a home invasion robbery. On...

Woodle v. Commonwealth Land Title Ins. Co.  
Date: April 11, 2014
Citation: 287 Neb. 917
Docket Number: S-13-111

Justia Opinion Summary: Plaintiffs, property owners, filed a quiet title action against owners of adjacent lots, seeking a declaration that express easements granted in favor of the adjacent lots were invalid. The defendants filed counterclaims...

Kim v. Gen-X Clothing, Inc.  
Date: April 11, 2014
Citation: 287 Neb. 927
Docket Number: S-13-802

Justia Opinion Summary: Matthew Kim was working at a retail clothing store when the store was robbed and Kim was shot multiple times. Kim filed for workers’ compensation benefits. The Workers’ Compensation Court found (1) Kim was entitled to te...

State v. Vandever  
Date: April 4, 2014
Citation: 287 Neb. 807
Docket Number: S-12-1023

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance, methamphetamine. The district court sentenced Defendant to imprisonment for 300 days and payment of a fine. The Supreme Court affirmed...

State ex rel. Counsel for Dis. v. Sundvold
Date: April 4, 2014
Citation: 287 Neb. 818
Docket Number: S-13-002
Coffey v. Planet Group, Inc.  
Date: April 4, 2014
Citation: 287 Neb. 834
Docket Number: S-13-194

Justia Opinion Summary: In 2007, Plaintiff was hired as a salesperson at Planet Group, Inc. As part of his employment, Plaintiff signed a Sales Compensation Plan, which set out the requirements for when a commission was earned and how it would...

State v. Juranek  
Date: April 4, 2014
Citation: 287 Neb. 846
Docket Number: S-13-542

Justia Opinion Summary: Defendant was charged with first degree murder and use of a deadly weapon to commit a felony. Defendant moved to suppress the statements he made to police during the murder investigation. The district court overruled Def...

State ex rel. Counsel for Dis. v. Smith
Date: March 28, 2014
Citation: 287 Neb. 755
Docket Numbers: A-07-397, S-07-397
State v. Filholm  
Date: March 28, 2014
Citation: 287 Neb. 763
Docket Number: S-12-759

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree sexual assault. Defendant appealed, arguing that he received ineffective assistance of counsel at trial in several respects and that his conviction was not s...

State ex rel. Counsel for Dis. v. Sellers
Date: March 28, 2014
Citation: 287 Neb. 776
Docket Number: S-13-060, S-13-497
Rodehorst Bros. v. City of Norfolk Bd. of Adjustment  
Date: March 28, 2014
Citation: 287 Neb. 779
Docket Number: S-13-253

Justia Opinion Summary: Rodehorst Brothers, a partnership, applied for several building permits for its apartment building. A building inspector granted the first two permits but denied the third, concluding that Rodehorst had forfeited its rig...

State v. Robinson  
Date: March 28, 2014
Citation: 287 Neb. 799
Docket Number: S-13-575

Justia Opinion Summary: Defendant was convicted of knowing or intentional child abuse resulting in death and was sentenced to life in prison. The Supreme Court affirmed on appeal. Defendant subsequently filed a petition for postconviction relie...

State v. Vela-Montes  
Date: March 21, 2014
Citation: 287 Neb. 679
Docket Number: S-12-589

Justia Opinion Summary: In 2009, Defendant was charged with two counts of first degree sexual contact. In 2012, Defendant filed a second motion to discharge based upon his statutory right to a speedy trial. The district court overruled the moti...

In re Interest of Nicole M.  
Date: March 21, 2014
Citation: 287 Neb. 685
Docket Number: S-13-354, S-13-355

Justia Opinion Summary: Nicole and Sandra were removed from their family home in 2011 due to its unsanitary condition. The children were later adjudicated and moved to a foster placement. The Department of Health and Human Services’ case plans...

Rice v. Web  
Date: March 21, 2014
Citation: 287 Neb. 712
Docket Number: S-13-458

Justia Opinion Summary: In 2011, the district court filed a decree dissolving the marriage of Brenda Rice and Dale Rice that incorporated a property settlement agreement (“agreement”) previously entered into by the parties. Dale died one week l...

Potter v. Bd. of Regents of Univ. of Neb.  
Date: March 21, 2014
Citation: 287 Neb. 732
Docket Number: S-13-544

Justia Opinion Summary: Appellant was a temporary employee at the University of Nebraska. After the University considering terminating Appellant’s employment, human resources completed a “threat assessment” in relation to the termination, which...

State v. Young  
Date: March 21, 2014
Citation: 287 Neb. 749
Docket Number: S-13-557

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon in the commission of a felony. Defendant was sentenced to life imprisonment on the murder conviction. Defendant subsequently f...

Kerford Limestone Co. v. Neb. Dep’t of Revenue  
Date: March 14, 2014
Citation: 287 Neb. 653
Docket Number: S-13-035

Justia Opinion Summary: Kerford Limestone Co. purchased a motor grader for use in its manufacturing business and claimed an exemption from sales and use tax on the purchase. The State Tax Commissioner concluded that Kerford had failed to prove...

C.E. v. Prairie Fields Family Med., P.C.  
Date: March 14, 2014
Citations: 287 Nb. 667, 287 Neb. 667
Docket Number: S-13-455

Justia Opinion Summary: Appellant filed this action against Prairie Fields Family Medicine, P.C., bringing claims of intentional and negligent infliction of emotional distress and invasion of privacy and alleging that a Prairie Fields employee...

Hara v. Reichert  
Date: March 7, 2014
Citation: 287 Neb. 577
Docket Number: S-13-073

Justia Opinion Summary: Russell Reichert sued Sherry Hara in small claims court, claiming that Hara owed him for a $4,000 loan he gave her. The court found the transaction was a loan and entered judgment for Reichert. Hara subsequently filed a...

Torres v. Morales  
Date: March 7, 2014
Citation: 287 Neb. 587
Docket Number: S-13-106

Justia Opinion Summary: Orfa Torres applied for a domestic abuse protection order against her boyfriend, Benjamin Morales. The district court issued an order to show case. After a hearing, the district court vacated its order to show cause, dis...

SourceGas Distrib., LLC v. City of Hastings  
Date: March 7, 2014
Citation: 287 Neb. 595
Docket Number: S-13-239

Justia Opinion Summary: SourceGas Distribution, LLC owned property located in an area that had been annexed by the City of Hastings. The City, on behalf of the board of public works, filed a petition in the county court under the general condem...

State v. Robinson  
Date: March 7, 2014
Citation: 287 Neb. 606
Docket Number: S-13-306

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 felon. The Supreme Court affirmed the convictions and sentences on app...

Jeremiah J. v. Dakota D.  
Date: March 7, 2014
Citation: 287 Neb. 617
Docket Number: S-13-478

Justia Opinion Summary: Mother and Father, who were not married, had a relationship during which Mother became pregnant. Mother sought to place the child up for adoption. Father attempted to prevent the adoption proceedings by filing an amended...

Carlson v. Allianz Versicherungs-Aktiengesellschaft  
Date: March 7, 2014
Citation: 287 Neb. 628
Docket Number: S-13-492

Justia Opinion Summary: Appellants filed a products liability action against Daimler-Chrysler Corporation after they were involved in a rollover collision while driving their Chrysler PT Cruiser. Appellants later filed a complaint for declarato...

In re Samantha C.  
Date: March 7, 2014
Citation: 287 Neb. 644
Docket Number: S-13-533

Justia Opinion Summary: The State filed a petition alleging that Samantha C. was a juvenile as defined by Neb. Rev. Stat. 43-247(3)(b) for being habitually truant from school. Samantha argued that the juvenile court could not adjudicate her und...

Steffy v. Steffy  
Date: February 28, 2014
Citation: 287 Neb. 529
Docket Number: S-12-082

Justia Opinion Summary: In 2008, the district court entered a decree of dissolution of Father and Mother’s marriage and granted legal custody of Jakob, the parties’ child, to Father. In 2010, Father filed a complaint to modify the decree of dis...

Kuhnel v. BNSF Ry. Co.  
Date: February 28, 2014
Citation: 287 Neb. 541
Docket Number: S-12-296

Justia Opinion Summary: Edwin Kuhnel, an employee of BNSF Railway Company, was injured during while working for BNSF. Kuhnel brought this action against BNSF under the Federal Employers’ Liability Act (FELA), alleging that his injuries were cau...

Wisniewski v. Heartland Towing, Inc.  
Date: February 28, 2014
Citation: 287 Neb. 548
Docket Number: S-13-171

Justia Opinion Summary: Attorney represented Plaintiff in a negligence lawsuit against Defendant. After a jury trial, the district court entered judgment in favor of Plaintiff. Attorney subsequently made an oral motion for payment of attorney f...

Bruno v. Metro. Utils. Dist.  
Date: February 28, 2014
Citation: 287 Neb. 551
Docket Number: S-13-212

Justia Opinion Summary: Metropolitan Utilities District (MUD) distributes water and natural gas to businesses and residents in the Omaha metropolitan area. MUD contracts with Northern Natural Gas Company (Northern) to provide natural gas pipeli...

Hess v. State  
Date: February 28, 2014
Citation: 287 Neb. 559
Docket Number: S-13-413

Justia Opinion Summary: In 1985, Appellant was found guilty of second degree murder. The Supreme Court later decided State v. Myers, which held that if malice was an essential element of the crime of second degree murder and the jury was not so...

In re Marcella G.  
Date: February 28, 2014
Citation: 287 Neb. 566
Docket Number: S-13-644

Justia Opinion Summary: On March 1, 2013, the juvenile court adjudicated Marcella G. for a misdemeanor law violation and committed Marcella to the Office of Juvenile Services (OJS), an agency of the Department of Health and Human Services (DHHS...

In re Interest of Quincy J.
Date: February 28, 2014
Citation: 287 Neb. 576
Docket Number: S-13-664
State v. Pratt  
Date: February 21, 2014
Citation: 287 Neb. 455
Docket Number: S-11-760

Justia Opinion Summary: In 1975, Appellant was convicted of sodomy, forcible rape, and robbery. In 2004, Appellant moved for testing under the DNA Testing Act (“Act”) of the biological evidence pertinent to his conviction. The district court gr...

State v. Alfredson  
Date: February 21, 2014
Citation: 287 Neb. 477
Docket Number: S-13-036

Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree sexual assault and second degree false imprisonment. Appellant’s convictions and sentences were affirmed on direct appeal. Appellant subsequently filed a petiti...

Doe v. Firemen's Fund Ins. Co.  
Date: February 21, 2014
Citation: 287 Neb. 486
Docket Number: S-13-075

Justia Opinion Summary: Plaintiff obtained a default judgment against Red Willow Dairy, LLC, and Jim and Ann Huffman. The day before the order granting the default judgment was signed and file stamped, Red Willow Dairy and the Huffmans filed fo...

State ex re. Counsel for Dis. v. Palik
Date: February 21, 2014
Citation: 287 Neb. 527
Docket Number: S-13-1030
State v. Schuller  
Date: February 21, 2014
Citation: 287 Neb. 500
Docket Number: S-13-221

Justia Opinion Summary: The lead investigator for a law enforcement agency applied for and received a search warrant to search three computers Defendant owned for child pornography. Defendant admitted to the investigator to downloading and view...

State v. Dragon  
Date: February 21, 2014
Citation: 287 Neb. 519
Docket Number: S-13-386

Justia Opinion Summary: In 2006, Appellant pled guilty to second degree murder. The district court sentenced Appellant to a term of imprisonment of fifty years to life. In 2012, Appellant filed a pro se petition for postconviction relief, alleg...

Carney v. Miller  
Date: February 14, 2014
Citation: 287 Neb. 400
Docket Number: S-12-1138

Justia Opinion Summary: Plaintiff, a nurse formerly employed by the Department of Health and Human Services, filed an action against Defendant, a supervisor who terminated her employment, alleging violations of her due process, free speech, and...

State v. Taylor  
Date: February 14, 2014
Citation: 287 Neb. 386
Docket Number: S-12-434

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. Defendant was seventeen years old at the time of the offenses. Defendant was sentenced to life imprisonmen...

Deleon v. Reinke Mfg. Co.  
Date: February 14, 2014
Citation: 287 Neb. 419
Docket Number: S-13-015

Justia Opinion Summary: Employee was injured during the course and scope of his employment with Employer. In 2010, the compensation court awarded Employee temporary total disability (TTD) benefits. In 2012, Employee filed two motions, one to co...

Village of Memphis v. Frahm  
Date: February 14, 2014
Citation: 287 Neb. 427
Docket Number: S-13-273

Justia Opinion Summary: The owners (Owners) of certain property in the Village of Memphis filed with the county judge an inverse condemnation petition against the Village and sought compensation for an unlawful taking, alleging that the Village...

Visoso v. Cargill Meat Solutions  
Date: February 14, 2014
Citation: 287 Neb. 439
Docket Number: S-13-454

Justia Opinion Summary: Appellant suffered an injury while working for Employer in Nebraska. After a trial, Appellant was awarded temporary total disability (TTD) benefits. Three years later, Employer petitioned to discontinue the TTD benefits....

In re Application of O'Siochain
Date: February 14, 2014
Citation: 287 Neb. 445
Docket Number: S-13-539
State v. Castaneda  
Date: February 7, 2014
Citation: 287 Neb. 289
Docket Number: S-11-023

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first degree felony murder and other charges arising from three shootings. At the time of the shootings, Defendant was fifteen years old. Defendant was sentenc...

State v. Mantich  
Date: February 7, 2014
Citation: 287 Neb. 320
Docket Number: S-11-301

Justia Opinion Summary: Defendant was convicted of first degree murder and sentenced to life imprisonment for a murder he committed when he was sixteen years old. More than fifteen years later, Defendant filed an amended postconviction motion c...

State v. Ramirez  
Date: February 7, 2014
Citation: 287 Neb. 356
Docket Number: S-11-486

Justia Opinion Summary: Defendant was convicted of two counts of first degree murder and other offenses arising from three shootings that occurred at three separate locations. Defendant was seventeen years old at the time of the murders. The Su...

McKinney v. Okoye  
Date: January 31, 2014
Citation: 287 Neb. 261
Docket Number: S-13-155

Justia Opinion Summary: After an infant boy died in the care of Plaintiff, a daycare provider, Plaintiff was charged with felony child abuse resulting in death. The charge was later dropped after two forensic pathologists retained by Plaintiff...

State v. Bruckner  
Date: January 31, 2014
Citation: 287 Neb. 280
Docket Number: S-13-164

Justia Opinion Summary: Defendant pled guilty to a 2012 driving under the influence (DUI) charge. During a sentence enhancement hearing, the evidence showed Defendant had previously been convicted of DUI in 2003, 2001, and 1999. Defendant argue...

State v. Dalland  
Date: January 24, 2014
Citation: 287 Neb. 231
Docket Number: S-12-615

Justia Opinion Summary: Defendant was convicted of possession of a controlled substance. Defendant appealed the denial of his motion to suppress, arguing that the State did not have probable cause to conduct a warrantless search of his vehicle...

Liljestrand v. Dell Enters., Inc.  
Date: January 24, 2014
Citation: 287 Neb. 242
Docket Number: S-13-063

Justia Opinion Summary: Appellee injured his back while working for Appellant. The original workers’ compensation judge found that Appellee was permanently and totally disabled. On appeal, a three-judge review panel concluded it could not tell...

Am. Family Mut. Ins. Co. v. Wheeler  
Date: January 24, 2014
Citation: 287 Neb. 250
Docket Number: S-13-240

Justia Opinion Summary: Rick Wheeler had two liability insurance policies with American Family Mutual Insurance Company. Both Rick and his son Ryan were insureds under the policies. Both policies provided personal liability coverage and include...

State v. Johnson  
Date: January 17, 2014
Citation: 287 Neb. 190
Docket Number: S-13-118

Justia Opinion Summary: Defendant was convicted of abuse of a vulnerable adult based on the financial exploitation of a relative and sentenced to three years’ probation. The district court subsequently revoked Defendant’s probation and sentence...

Underwood v. Neb. State Patrol  
Date: January 17, 2014
Citation: 287 Neb. 204
Docket Number: S-13-207

Justia Opinion Summary: After a jury trial in 2008 Appellant was convicted of attempted third degree sexual assault of a child, a Class I misdemeanor. In 2011, Appellant applied for a permit to carry a concealed handgun.The Nebraska State Patro...

State v. Green  
Date: January 17, 2014
Citation: 287 Neb. 212
Docket Number: S-13-222

Justia Opinion Summary: Defendant was convicted of several felonies for which he was serving probation. When Defendant’s probation officer conducted an investigation of Defendant's residence, the officer discovered an extensive knife and sword...

ML Manager, LLC v. Jensen  
Date: January 10, 2014
Citation: 287 Neb. 171
Docket Number: S-12-1147

Justia Opinion Summary: Appellants obtained a valid default judgment against Dale and Vicki Jensen. Appellant had a summons and order of garnishment in aid of execution issued to Pioneer Ventures, LLC. Pioneer Ventures timely filed its answers...

State v. Mortensen  
Date: January 10, 2014
Citation: 287 Neb. 158
Docket Number: S-12-454

Justia Opinion Summary: Defendant was charged with assault while being incarcerated and of being a habitual criminal. Approximately one year later, Defendant filed his first motion to discharge on speedy trial grounds. The district court overru...

Harris v. O'Connor  
Date: January 10, 2014
Citation: 287 Neb. 182
Docket Number: S-13-103

Justia Opinion Summary: Appellant retained Attorney to represent him in several actions, including an action to obtain disability benefits from the city of Omaha. Appellant’s application for benefits was denied. Before an appeal or request for...

State v. Elseman  
Date: January 3, 2014
Citation: 287 Neb. 134
Docket Number: A-12-1077

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. Defendant was sentenced to life imprisonment for the murder conviction. The Supreme Court affirmed Defenda...

State v. Ely  
Date: January 3, 2014
Citation: 287 Neb. 147
Docket Number: S-12-1228

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder and use of a deadly weapon to commit a felony. Defendant was sentenced to life imprisonment on the murder conviction. The Supreme Court affirmed the c...

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