Nebraska Supreme Court Decisions 2015

Omaha Police Union Local 101 v. City of Omaha  
Date: December 31, 2015
Citation: 292 Neb. 381
Docket Number: S-14-1153

Justia Opinion Summary: The Omaha Police Officers Association (Union) and the City of Omaha (City) entered into a collective bargaining agreement that was to remain in effect from 2008 until 2013. In 2014, the Union filed a complaint against th...

State v. Samayoa  
Date: December 31, 2015
Citation: 292 Neb. 334
Docket Number: S-14-762

Justia Opinion Summary: Defendant was convicted of one count of third degree sexual assault of a child and three counts of first degree sexual assault of a child. The Supreme Court affirmed as modified, holding (1) the evidence was sufficient t...

State v. Erpelding  
Date: December 31, 2015
Citation: 292 Neb. 351
Docket Number: S-14-813

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of criminal nonsupport for failing to pay four months of child support. The district court found Defendant was a habitual criminal and enhanced his sentences acc...

Zornes v. Zornes  
Date: December 18, 2015
Citation: 292 Neb. 271
Docket Number: S-14-775

Justia Opinion Summary: After Eric Zornes won a lottery, Eric and his wife, Julia, commenced a gifting plan to Andy Wolfe, Jason Wolfe, and Jason Reed. These gifts were structured as loans, and each borrower made a promissory note for his loan,...

Gonzalez v. Union Pacific R.R. Co.  
Date: December 18, 2015
Citation: 292 Neb. 281
Docket Number: S-14-986

Justia Opinion Summary: Thirteen-year-old Efrain Ramos-Domingo was struck and killed by a Union Pacific Railroad Company train in Schuyler. Plaintiff, Efrain’s mother, as personal representative of Efrain’s estate, filed a wrongful death action...

State v. DeJong  
Date: December 18, 2015
Citation: 292 Neb. 305
Docket Number: S-15-028

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 first degree murder conviction. Defendant later filed...

In re Estate of Clinger  
Date: December 11, 2015
Citation: 292 Neb. 237
Docket Number: S-13-769

Justia Opinion Summary: The decedent in this case died in 2011. The contestants of her will objected to the petition to admit to probate either the decedent’s February 2011 will or her August 2001 will, alleging that the wills were invalid beca...

State v. Sidzyik  
Date: December 11, 2015
Citation: 292 Neb. 263
Docket Number: S-14-1130

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded no contest to second degree sexual assault. Defendant appealed, claiming that his trial counsel was ineffective for failing to object to the State’s alleged breach of the p...

Roskop Dairy, LLC v. GEA Farm Techs., Inc.  
Date: December 4, 2015
Citation: 292 Neb. 148
Docket Number: S-14-115

Justia Opinion Summary: Plaintiff, a commercial dairy operation, sued Defendants, the manufacturer of a microprocessor-based milking control unit and the dealer of the unit, alleging breach of express and implied warranties and negligence and s...

State v. Harris  
Date: December 4, 2015
Citation: 292 Neb. 186
Docket Number: S-14-953

Justia Opinion Summary: In 1999, Appellant was convicted by a jury of first degree murder and use of a deadly weapon to commit a felony. Appellant was sentenced to life in prison for the murder conviction. In 2009, Appellant filed a second moti...

Robertson v. Jacobs Cattle Co.  
Date: December 4, 2015
Citation: 292 Neb. 195
Docket Number: S-15-026

Justia Opinion Summary: This appeal was the third appeal from a judicial dissociation of four partners from a family agricultural partnership. The partnership had assets consisting primarily of real estate. At issue before the Supreme Court was...

State v. Carman  
Date: December 4, 2015
Citation: 292 Neb. 207
Docket Number: S-15-167

Justia Opinion Summary: Defendant’s dump truck struck the rear of a car that had stopped or slow due to highway construction. The collision forced the car off the highway, causing it to roll. The driver was killed as a result. Defendant was sub...

State v. Weichman  
Date: December 4, 2015
Citation: 292 Neb. 227
Docket Number: S-15-368

Justia Opinion Summary: After a bench trial, Defendant, a maintenance supervisor at the Nebraska Correctional Center for Women, was convicted of first degree sexual abuse of an inmate. Defendant was sentenced to one to two years’ imprisonment....

State ex rel. Jakai C. v. Tiffany M.  
Date: November 13, 2015
Citation: 292 Neb. 68
Docket Number: S-13-1052

Justia Opinion Summary: Damian and Tiffany, who were never married, had a child together, Jakai, born in 2009. In 2011, the district court filed a decree awarding joint legal custody to the parties and awarded primary physical custody to Tiffan...

State v. Custer  
Date: November 13, 2015
Citation: 292 Neb. 88
Docket Number: S-14-332

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, use of a firearm to commit a felony, and being a felon in possession of a firearm. The district court sentenced Defendant to imprisonment for life for t...

State v. Nolan  
Date: November 13, 2015
Citation: 292 Neb. 118
Docket Number: S-15-106

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

State v. Poe  
Date: November 6, 2015
Citation: 292 Neb. 60
Docket Number: S-14-1106

Justia Opinion Summary: After 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 later filed a motion for postconviction relief, alleging, among othe...

State v. Cullen  
Date: November 6, 2015
Citation: 292 Neb. 30
Docket Number: S-14-509

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional child abuse that resulted in the death of an infant in her care. Defendant was sentenced to seventy years to life. Defendant appealed, arguing, among other thing...

State v. Mucia  
Date: October 30, 2015
Citation: 292 Neb. 1
Docket Number: S-14-070

Justia Opinion Summary: Appellant was convicted of possession of child pornography, age nineteen and over, and sentenced him to three years’ probation. Appellant’s conviction caused him to be subject to the Nebraska Sex Offender Registration Ac...

State v. Carter  
Date: October 30, 2015
Citation: 292 Neb. 16
Docket Number: S-14-1089, S-15-024

Justia Opinion Summary: In 1986, Defendant was convicted of first degree murder and use of a firearm in the commission of a felony. Defendant was sentenced to life imprisonment for the murder. Defendant subsequently made numerous attempts to co...

State v. Ware  
Date: October 30, 2015
Citation: 292 Neb. 24
Docket Number: S-15-155

Justia Opinion Summary: After a bench trial in 1984, Defendant was convicted of first degree murder. Defendant was sentenced to life imprisonment. In 2012, Defendant filed a motion for postconviction relief, arguing, inter alia, that his mandat...

Adams v. Manchester Park  
Date: October 23, 2015
Citation: 291 Neb. 978
Docket Number: S-13-429

Justia Opinion Summary: Plaintiffs, homeowners, brought this action against Defendants, the company that constructed Plaintiffs’ home and the developer of the lot on which the home was built, alleging negligent construction of the home. Defenda...

State v. Dye  
Date: October 23, 2015
Citation: 291 Neb. 989
Docket Number: S-14-792

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery, first degree false imprisonment, third degree assault, third degree sexual assault, and carrying a concealed weapon. The parties subsequently entered into a sentenc...

State v. Duncan  
Date: October 23, 2015
Citation: 291 Neb. 1003
Docket Number: S-15-083

Justia Opinion Summary: Defendant pleaded no contest to one count of operating a motor vehicle without an ignition interlock device. When Defendant committed the criminal act, driving without an ignition interlock device was a Class IV felony....

In re Interest of Enyce J.  
Date: October 16, 2015
Citation: 291 Neb. 965
Docket Number: S-14-1168

Justia Opinion Summary: The juvenile court determined that it had jurisdiction over Child, an infant, because of the faults and habits of Mother. The court gave the Nebraska Department of Health and Human Services temporary custody of Child. Th...

In re Interest of Joseph S.  
Date: October 9, 2015
Citation: 291 Neb. 953
Docket Number: S-14-1025

Justia Opinion Summary: Mother was the biological mother of three minor children. The State, alleging that Mother had substantially and repeatedly neglected and refused to give necessary parental care and protection to the children, filed an am...

Caton v. State  
Date: October 2, 2015
Citation: 291 Neb. 939
Docket Number: S-14-1144

Justia Opinion Summary: Defendant was convicted of burglary with habitual criminal enhancement and sentenced to ten to twenty years’ imprisonment with credit for time served. The State discharged Defendant from the custody of the Department of...

State v. Jackson  
Date: October 2, 2015
Citation: 291 Neb. 908
Docket Number: S-14-677

Justia Opinion Summary: Defendant was convicted of possession of a controlled substance with enhancement pursuant to the habitual criminal statute. The district court sentenced Defendant to ten to fifteen years’ imprisonment, with credit for ti...

State v. Tyler  
Date: October 2, 2015
Citation: 291 Neb. 920
Docket Number: S-14-702

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and use of a firearm to commit a felony. Defendant appealed, challenging the denial of his pretrial motions to suppress evidence obtained in the e...

State ex rel Counsel for Dis. v. Peppard
Date: October 2, 2015
Citation: 291 Neb. 948
Docket Number: S-15-346
State v. Mendoza-Bautista  
Date: September 25, 2015
Citation: 291 Neb. 876
Docket Number: S-14-1165

Justia Opinion Summary: Defendant was charged with violating Neb. Rev. Stat. 60-4,108(1)(b) for driving under revocation. Defendant pled no contest to the complaint. The county court found Defendant’s prior convictions for driving under suspens...

State v. Meints  
Date: September 25, 2015
Citation: 291 Neb. 869
Docket Number: S-14-750

Justia Opinion Summary: Defendant was convicted in county court of three municipal ordinance violations and sentenced to pay fines and court costs. Defendant appealed his convictions to the district court. The district court purportedly dismiss...

Stekr v. Beecham  
Date: September 25, 2015
Citation: 291 Neb. 883
Docket Number: S-15-003

Justia Opinion Summary: When Father and Mother divorced, the court granted Mother custody of the parties’ minor daughter and ordered Father to pay child support. The court subsequently raised Father’s child support obligation. After Father’s in...

In re Interest of Sloane O.  
Date: September 25, 2015
Citation: 291 Neb. 892
Docket Number: S-15-012, S-15-074

Justia Opinion Summary: The State filed a petition seeking to adjudicate Child as a child under Neb. Rev. Stat. 43-247(3)(a), alleging that Father had abused and neglected Child. The motion was granted. Mother subsequently filed a motion for cu...

State ex rel. Counsel for Dis. v. Placke
Date: September 25, 2015
Citation: 291 Neb. 905
Docket Number: S-15-393
Arens v. NEBCO Inc.  
Date: September 18, 2015
Citation: 291 Neb. 834
Docket Number: S-14-290

Justia Opinion Summary: Plaintiff filed a disability discrimination action under the Nebraska Fair Employment Practice Act, alleging that his Employer was aware of his disabilities and discriminated against him under the Act and that his Employ...

Litherland v. Jurgens  
Date: September 11, 2015
Citation: 291 Neb. 775
Docket Number: S-14-818

Justia Opinion Summary: Under the terms of the will of Etta Jurgens (the decedent), Janice Litherland was to receive certain real estate if it was owned by Etta at the time of her death. Gary Jurgens (Jurgens) and Velda Lenners were also benefi...

Rent-A-Roofer v. Farm Bureau Prop. & Cas. Ins. Co.  
Date: September 11, 2015
Citation: 291 Neb. 786
Docket Number: S-14-895

Justia Opinion Summary: Rent-A-Roofer, Inc. (Appellant) settled a lawsuit filed by the National Research Corporation (NRC) without notifying its insurer, Farm Bureau Property & Casualty Insurance Company (the Insurer), of the lawsuit. Appellant...

In re Claims Against Pierce Elevator  
Date: September 11, 2015
Citation: 291 Neb. 798
Docket Number: S-14-899

Justia Opinion Summary: Following the insolvency of Pierce Elevator, Inc. (PEI), the Nebraska Public Service Commission (PSC) initiated proceedings to determine claims under the Grain Warehouse Act and the Grain Dealer Act. After PEI voluntaril...

Hynes v. Good Samaritan Hosp.  
Date: September 4, 2015
Citation: 291 Neb. 757
Docket Number: S-15-002

Justia Opinion Summary: Plaintiff, a registered nurse employed by Good Samaritan Hospital, commenced this action in the Workers’ Compensation Court alleging that mental injuries she received as the result of three assaults that occurred during...

State ex rel. Counsel for Dis. v. Boyum
Date: August 28, 2015
Citation: 291 Neb. 696
Docket Number: S-14-578
State v. Huston  
Date: August 28, 2015
Citation: 291 Neb. 708
Docket Number: S-14-752

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and sentenced to fifty years to life imprisonment. The Supreme Court affirmed. Defendant later filed a motion for postconviction relief, arguing that hi...

Cain v. Custer County Bd. of Equalization  
Date: August 28, 2015
Citation: 291 Neb. 730
Docket Number: S-14-764

Justia Opinion Summary: In 2012, as the result of a change in the way the Custer County assessor classified irrigated grassland for purposes of valuation, the assessor increased the assessed value of the property owned by Appellant from $734,96...

Facilities Cost Mgmt. Group v. Otoe Cty. Sch. Dist.  
Date: August 21, 2015
Citation: 291 Neb. 642
Docket Number: S-14-380

Justia Opinion Summary: Otoe County School District 66-0111 (the District) and Facilities Cost Management Group, LLC (FCMG) entered into a contract whereby FCMG provided services in connection with the construction and renovation of three schoo...

State v. Modlin  
Date: August 21, 2015
Citation: 291 Neb. 660
Docket Number: S-14-590

Justia Opinion Summary: After a bench trial, Defendant was convicted of driving under the influence (DUI), first offense. Defendant appealed, arguing that the county court erred when it overruled his motion to suppress because the warrantless d...

In re Appropriation A-7603  
Date: August 21, 2015
Citation: 291 Neb. 678
Docket Number: S-14-906

Justia Opinion Summary: The water appropriation in this case was a surface water right to divert a specified volume of water from the North Loup River to “be used for irrigation purposes only.” Appellant held the appropriation and the lands cov...

State ex rel. Counsel for Dis. v. Walz
Date: August 14, 2015
Citation: 291 Neb. 566
Docket Number: S-12-275
State v. Ballew  
Date: August 14, 2015
Citation: 291 Neb. 577
Docket Number: S-13-1065

Justia Opinion Summary: Defendant was convicted of two counts of first degree assault, two counts of second degree assault, and two counts of use of a deadly weapon to commit a felony. The Supreme Court affirmed Defendant’s convictions and sent...

Dowd Grain Co. v. County of Sarpy  
Date: August 14, 2015
Citation: 291 Neb. 620
Docket Number: S-14-611

Justia Opinion Summary: The County of Sarpy Board of Commissioners adopted a resolution amending an overlay district zoning ordinance. The revised ordinance exempted properties platted before the effective date of the original ordinance. The ow...

State v. Wang  
Date: August 14, 2015
Citation: 291 Neb. 632
Docket Number: S-14-671

Justia Opinion Summary: After a trial, Defendant, who is Chinese and only speaks “some English,” was convicted of driving under the influence, third offense. Defendant appealed the denial of his motion to suppress evidence of a chemical breath...

Pettit v. Neb. Dept. of Corr. Servs.  
Date: August 7, 2015
Citation: 291 Neb. 513
Docket Number: S-14-676

Justia Opinion Summary: John Joubert murdered two children in 1983. Mark Pettit was in the process of writing a book about Joubert when he attempted to gain access to two graphic drawings that Joubert had created while Joubert was on death row....

Tedd Bish Farm v. Southwest Fencing Servs.  
Date: August 7, 2015
Citation: 291 Neb. 527
Docket Number: S-14-915

Justia Opinion Summary: While replacing the fence along the property of Tedd Bish Farm and its owner (collectively, Bish) Southwest Fencing Services, LLC damaged a section a pipe that fed the farm's irrigation system . Bish sought damages for r...

State v. Kleckner  
Date: August 7, 2015
Citation: 291 Neb. 539
Docket Number: S-14-960

Justia Opinion Summary: Defendant was charged with three counts of third degree domestic assault arising from the same incident. Each count alleged that Defendant had violated a different subsection of the same statute. The court subsequently d...

D.I. v. Gibson  
Date: August 7, 2015
Citation: 291 Neb. 554
Docket Number: S-14-980

Justia Opinion Summary: Under Neb. Rev. Stat. 71-1207, a mental health board “shall” hold a hearing within seven days after the subject is taken into emergency protective custody. Appellant was convicted of sexual assault on a child. Before App...

State ex rel. Counsel for Dis. v. Ferneau
Date: August 7, 2015
Citation: 291 Neb. 563
Docket Number: S-15-482
Ficke v. Wolken  
Date: July 31, 2015
Citation: 291 Neb. 482
Docket Number: S-13-906

Justia Opinion Summary: In 2000, Employee began working for Employer on Employer's farmland. Employee alleged that Employer promised him eighty acres of farmland if he continued his employment for ten years. Although Employee worked for Employe...

Hamilton County EMS Ass’n v. Hamilton County  
Date: July 31, 2015
Citation: 291 Neb. 495
Docket Number: S-14-435

Justia Opinion Summary: Hamilton County EMS Association, IAFF Local 4956 (Union) filed a petition with Nebraska’s Commission of Industrial Relations (CIR) seeking to become the exclusive bargaining agent for employees of the Hamilton Coutny Amb...

State v. Huggins  
Date: July 24, 2015
Citation: 291 Neb. 443
Docket Number: S-14-297

Justia Opinion Summary: Appellant entered a plea of no contest to second degree murder. The court of appeals affirmed Appellant’s conviction and sentence. Appellant later filed a pro se motion for postconviction relief, raising various claims o...

Labenz v. Labenz  
Date: July 24, 2015
Citation: 291 Neb. 455
Docket Number: S-14-833

Justia Opinion Summary: After the filing of a partition of real estate action, the parties entered into a joint stipulation agreeing to sell the property at public auction. Following the sale, Plaintiffs sought confirmation of the sale and aske...

NAMN LLC v. Morello  
Date: July 24, 2015
Citation: 291 Neb. 462
Docket Number: S-14-861

Justia Opinion Summary: NAMN, LLC filed this action against Bernard Morello seeking, among other relief, an order declaring that a permanent easement existed over Morello’s property to allow vehicular access to NAMN’s property. The district cou...

State v. Sims  
Date: July 24, 2015
Citation: 291 Neb. 475
Docket Number: S-14-931, S-14-1073

Justia Opinion Summary: In 1998, Appellant was convicted of first degree murder and other crimes. These appeals were based upon Appellant’s third motion for postconviction relief. The district court denied the motion without a hearing. Appellan...

State v. Crawford  
Date: July 17, 2015
Citation: 291 Neb. 362
Docket Number: S-14-338

Justia Opinion Summary: Defendant pleaded guilty to possession of a controlled substance and was found to be a habitual criminal. Defendant later filed an amended motion for postconviction relief, stating that he received ineffective assistance...

Coufal v. Coufal  
Date: July 17, 2015
Citation: 291 Neb. 378
Docket Number: S-14-591

Justia Opinion Summary: The district court issue a decree of dissolution dissolving the marriage of Dale Coufal and Lavon Coufal. The court included in the marital estate the increase in value of the premarital portion of Dale’s public employee...

Timberlake v. Douglas County  
Date: July 17, 2015
Citation: 291 Neb. 387
Docket Number: S-14-770

Justia Opinion Summary: Appellee, a corrections officer for the Douglas County Department of Corrections, sustained a concussion while aiding her supervisor, who was having a seizure. The collective bargaining agreement (CBA) between Douglas Co...

Williams v. City of Omaha  
Date: July 17, 2015
Citation: 291 Neb. 403
Docket Number: S-14-796

Justia Opinion Summary: This case arose from an automobile accident that occurred when the vehicle being driven by William Webster struck the vehicle being driven by Marcus Williams. Williams sued the City of Omaha, alleging that, at the time o...

Gardner v. Int’l Paper Destruction & Recycling  
Date: July 17, 2015
Citation: 291 Neb. 415
Docket Number: S-14-815

Justia Opinion Summary: Appellee suffered an accident arising out of and in the course of his employment. The Nebraska Workers’ Compensation Court awarded temporary benefits to Appellee. Nearly three years later, Employer petitioned to modify t...

State v. Oliveria-Coutinho  
Date: July 10, 2015
Citation: 291 Neb. 294
Docket Number: S-13-798

Justia Opinion Summary: After a jury trial, Defendant was found guilty of three counts of first degree murder and one count of theft by deception over $1,500. After a sentencing determination hearing, Defendant was sentenced to three life sente...

Jacobitz v. Aurora Coop.  
Date: July 10, 2015
Citation: 291 Neb. 349
Docket Number: S-14-903

Justia Opinion Summary: Plaintiff was injured when he fell off a truck following a customer appreciation supper held by his employer (Defendant). The Nebraska Workers’ Compensation Court concluded that Plaintiff was injured in the course and sc...

State ex rel. Counsel for Dis. v. Demond
Date: July 10, 2015
Citation: 291 Neb. 359
Docket Number: S-15-434
Marshall v. EyeCare Specialities, P.C.  
Date: July 2, 2015
Citation: 291 Neb. 264
Docket Number: S-14-696

Justia Opinion Summary: Plaintiff was employed by Defendant, a company providing optometric care, as a clinical technician. Defendant terminated Plaintiff on the grounds that Plaintiff consistently failed to meet performance expectations over h...

Cleaver-Brooks Inc. v. Twin City Fire Ins. Co.  
Date: July 2, 2015
Citation: 291 Neb. 278
Docket Number: S-14-822

Justia Opinion Summary: An employee at a boiler manufacturing plant sustained permanent hearing loss as a result of his employment. Between the time he was injured and the time he filed his workers’ compensation claim, the plant changed ownersh...

Gallner v. Larson  
Date: June 26, 2015
Citation: 291 Neb. 205
Docket Number: S-14-240

Justia Opinion Summary: Plaintiff and Judy Hoffman were divorced in 1994. Judy died intestate in 2007, and Plaintiff was named personal representative of her estate. Defendant, an attorney and Judy’s friend, was the beneficiary of two of Judy’s...

Castonguay v. Retelsdorf  
Date: June 26, 2015
Citation: 291 Neb. 220
Docket Number: S-14-292

Justia Opinion Summary: Appellant was convicted in Douglas County of first degree sexual assault. Appellant later filed a pro se complaint in Lancaster County under 42 U.S.C. 1983 against prosecutors, public defenders, and attorneys purportedly...

Kasel v. Union Pacific R.R. Co.  
Date: June 26, 2015
Citation: 291 Neb. 226
Docket Number: S-14-563

Justia Opinion Summary: Plaintiff sustained injuries at a motel while he was on duty for Union Pacific Railroad Company. Plaintiff sued Union Pacific and the motel. The parties later settled. Thereafter, Union Pacific asserted a contractual rig...

Klug v. Neb. Dep’t of Motor Vehicles  
Date: June 26, 2015
Citation: 291 Neb. 235
Docket Number: S-14-600

Justia Opinion Summary: In 2010, Appellant was administratively adjudicated in Kansas to have committed the offense of driving under the influence. In 2013, Appellant was convicted in South Dakota of driving under the influence. Thereafter, the...

State v. Frederick  
Date: June 26, 2015
Citation: 291 Neb. 243
Docket Number: S-14-727

Justia Opinion Summary: After a bench trial, Defendant was convicted of driving during revocation in violation of Neb. Rev. Stat. 60-4,108(1). Defendant was sentenced to thirty days of jail time and nine months of probation. Defendant appealed,...

Binder v. Binder  
Date: June 26, 2015
Citation: 291 Neb. 255
Docket Number: S-14-783

Justia Opinion Summary: Laura Binder and Glenn Binder were in their nineties when the trial court dissolved their marriage. The court ordered Glenn to pay $3,302 per month in alimony. Glenn appealed, arguing that that the amount of alimony was...

State v. Armagost  
Date: June 19, 2015
Citation: 291 Neb. 117
Docket Number: S-14-058

Justia Opinion Summary: After a jury trial, Defendant was convicted of operating a motor vehicle in a willful reckless manner to avoid arrest. The court of appeals affirmed, concluding that the district court erred by giving a jury instruction...

Murray v. Stine  
Date: June 19, 2015
Citation: 291 Neb. 125
Docket Number: S-14-389, S-14-753

Justia Opinion Summary: The cotrustees of a trust filed suit against several parties, alleging that the defendants breached their fiduciary duties. The district court dismissed five of the cotrustees’ causes of action. The remaining defendants...

Kimminau v. City of Hastings  
Date: June 19, 2015
Citation: 291 Neb. 133
Docket Number: S-14-413

Justia Opinion Summary: Plaintiffs filed this personal injury action alleging that Plaintiff was injured after she lost control of her vehicle due to corn mash that had spilled from a truck onto the highway the previous day. Plaintiff brought t...

State v. Casares  
Date: June 19, 2015
Citation: 291 Neb. 150
Docket Number: S-14-442

Justia Opinion Summary: Defendant pled no contest to one count of aiding and abetting second degree murder. Defendant was sentenced to no less than life imprisonment or more than life imprisonment. Defendant appealed, arguing that his trial cou...

Castellar Partners, LLC v. AMP Ltd.  
Date: June 19, 2015
Citation: 291 Neb. 163
Docket Number: S-14-461

Justia Opinion Summary: Castellar Partners LLC was retained by appellees (collectively, the AMP parties) to review a “hedge fund portfolio” and the services being provided by another advisor. Castella and one of the AMP parties - AMP Capital In...

Gen. Drivers & Helpers Union v. County of Douglas  
Date: June 19, 2015
Citation: 291 Neb. 173
Docket Number: S-14-531

Justia Opinion Summary: At issue in this case was the construction of the the collective bargaining agreement (CBA) between General Drivers & Helpers Union, Local No. 554 (the Union) and Douglas County. The Union filed a grievance, arguing that...

State v. Escamilla  
Date: June 19, 2015
Citation: 291 Neb. 181
Docket Number: S-14-698

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 deadly weapon by a prohibited person in connection with the 2013 shooting death of Kennet...

State ex rel. Counsel for Dis. v. Sundvold
Date: June 19, 2015
Citation: 291 Neb. 197
Docket Number: S-14-828
In re Estate of Panec  
Date: June 12, 2015
Citation: 291 Neb. 46
Docket Number: S-13-777

Justia Opinion Summary: Ellen Panec died after being injured in a motor vehicle accident. Ellen’s husband, William, was appointed the personal representative of her estate. The majority of Ellen’s estate passed to her daughter, Rebecca Griffin,...

In re Interest of Jahon S.  
Date: June 12, 2015
Citation: 291 Neb. 97
Docket Number: S-14-1049

Justia Opinion Summary: In one proceeding, the juvenile court of Douglas County terminated Mother’s parental rights to four of her children and Father’s parental rights to all of those children with the exception of Jahon. In a separate proceed...

In re Interest of Jassenia H.  
Date: June 12, 2015
Citation: 291 Neb. 107
Docket Number: S-14-1076

Justia Opinion Summary: Mother was an enrolled member of the Oglala Sioux Tribe. After Jassenia, who was allegedly eligible for enrollment in the tribe, was removed from Mother’s care, the State filed a petition for adjudication pursuant to Neb...

Carrel v. Serco Inc.  
Date: June 12, 2015
Citation: 291 Neb. 61
Docket Number: S-14-377

Justia Opinion Summary: Devin Witt allegedly drove a pickup truck over Benjamin Carrel’s foot in a parking lot in Beatrice, Nebraska. The truck was registered to Serco, Inc. Carrel brought a personal injury action against Serco and Witt. When S...

McGill v. Lion Place Condo. Ass’n  
Date: June 12, 2015
Citation: 291 Neb. 70
Docket Number: S-14-582

Justia Opinion Summary: Paul McGill and Michael Henery, the developers of the Lion Place Condominium, both offered to purchase the limited common elements adjacent to Henery’s commercial units. The unincorporated unit owners association that go...

Hauxwell v. Henning  
Date: June 5, 2015
Citation: 291 Neb. 1
Docket Number: S-14-523

Justia Opinion Summary: In 2007, Ryan Hanzlick and his wife acquired two tracts of land through treasurer’s tax deeds. A trust controlled by Hanzlick subsequently acquired title to the two tracts by quitclaim deed. Selma Hauxwell, the adjacent...

Fisher v. Heirs & Devisees of Lovercheck  
Date: June 5, 2015
Citation: 291 Neb. 9
Docket Number: S-14-529

Justia Opinion Summary: David and Pamela Fisher, as “Husband and Wife,” sued U.S. Bank National Association to terminate severed mineral interests, alleging that they had owned the land since 1986. In its answer, US Bank argued that the Fishers...

In re Zanaya W.  
Date: June 5, 2015
Citation: 291 Neb. 20
Docket Number: S-14-550, S-14-564

Justia Opinion Summary: Mother and Father were the biological parents of four children. In one proceeding, the juvenile court terminated the parents' parental rights to three of the children. In separate proceedings, the juvenile court also ter...

State v. Russell  
Date: June 5, 2015
Citation: 291 Neb. 33
Docket Number: S-14-927

Justia Opinion Summary: Defendant pleaded no contest to the charge of sexual assault of a child in the first degree. At the sentencing hearing, the district court stated that the offense carried a mandatory minimum of at least twenty years. The...

State v. Armstrong  
Date: May 29, 2015
Citation: 290 Neb. 991
Docket Number: S-14-339

Justia Opinion Summary: Defendant was charged with the sexual assault of two girls. During trial, it was revealed that defense witnesses had viewed forensic interviews of the victims. The State moved to strike the entire testimony of one defens...

State v. McIntyre  
Date: May 29, 2015
Citation: 290 Neb. 1021
Docket Number: S-14-595

Justia Opinion Summary: Defendant was charged with operating a motor vehicle under the influence of alcohol. Witnesses for the State testified that Defendant intentionally withheld air from the testing device, resulting in a sample size that th...

State v. Hunnel  
Date: May 29, 2015
Citation: 290 Neb. 1039
Docket Number: S-14-620

Justia Opinion Summary: Defendant pled guilty to multiple convictions of felon in possession of a firearm and attempted felon in possession of a firearm. The only evidence offered by Defendant’s attorney during the sentencing hearing was a loca...

Monty S. v. Jason W.  
Date: May 29, 2015
Citation: 290 Neb. 1048
Docket Number: S-14-879

Justia Opinion Summary: Two days after Teresa S. gave birth to an infant, Teresa and Monty S., the infant’s biological father, each signed separate documents relinquishing their parental rights to the child and consenting to the child’s adoptio...

Merie B. v. State  
Date: May 22, 2015
Citation: 290 Neb. 919
Docket Number: S-14-007

Justia Opinion Summary: Plaintiff’s minor daughter, Brayden, who suffers from Coffin-Lowry Syndrome, had been receiving home and community-based waiver services for approximately twelve years when the Nebraska Department of Health and Human Ser...

O'Neal v. State  
Date: May 22, 2015
Citation: 290 Neb. 943
Docket Number: S-14-262

Justia Opinion Summary: In 1997, pursuant to a plea agreement, Appellant pled no contest to three counts of attempted first degree assault and two counts of use of a deadly weapon to commit a felony. In 2013, Appellant filed a pro se petition f...

State v. Warner  
Date: May 22, 2015
Citation: 290 Neb. 954
Docket Number: S-14-345

Justia Opinion Summary: The State charged Defendant with two felony counts of theft by deception in violation of Neb. Rev. Stat. 28-512. The district court sustained Defendant’s motion to quash the information, concluding that the State should...

Neun v. Ewing  
Date: May 22, 2015
Citation: 290 Neb. 963
Docket Number: S-14-623

Justia Opinion Summary: At a public tax sale, Appellants’ property was sold to Anne Determan, who subsequently obtained a tax sale certificate for the property. Appellants attempted to redeem their property in the manner prescribed by Neb. Rev....

Friedman v. Friedman  
Date: May 22, 2015
Citation: 290 Neb. 973
Docket Number: S-14-710

Justia Opinion Summary: Appellant, the ex-husband in this case, appealed from an order of the district court generally overruling his objections to garnishment upon a foreign dissolution decree. Both parties appealed. The Supreme Court affirmed...

State v. Casterline  
Date: May 22, 2015
Citation: 290 Neb. 985
Docket Number: S-14-911

Justia Opinion Summary: Defendant pleaded guilty to second-degree murder and was sentenced to “not less than life and not more than life imprisonment.” Defendant appealed, arguing that the district court erred in sentencing her to a term of lif...

Plaintiff v. Defendant  
Date: May 15, 2015
Citation: 290 Neb. 838
Docket Number: S-13-775

Justia Opinion Summary: Kari and Elizabeth Johnson were divorced in 2010. The parties were awarded joint legal custody of their two children, and Elizabeth was awarded physical custody. The decree to required Kari to pay $3,000 per month in chi...

State v. Johnson  
Date: May 15, 2015
Citation: 290 Neb. 862
Docket Number: S-14-101

Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree murder, use of a weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The Supreme Court affirmed Appellant’s convictions, holdin...

Gray v. Kenney  
Date: May 15, 2015
Citation: 290 Neb. 888
Docket Number: S-14-378

Justia Opinion Summary: Appellant was convicted of unlawful possession of four or more financial transaction devices and unlawful circulation of financial transaction devices in the first degree. Appellant was sentenced as a habitual criminal t...

Schaffer v. Cass County  
Date: May 15, 2015
Citation: 290 Neb. 892
Docket Number: S-14-542

Justia Opinion Summary: Appellant, a deputy sheriff at the Cass County sheriff’s office, was suspended for ten days. Appellant filed a grievance on his suspension. The Cass County Merit Commission affirmed the actions of the sheriff’s office. F...

Bauermeister Deaver Ecology Land Use Dev. v. Waste Mgmt. Co.  
Date: May 15, 2015
Citation: 290 Neb. 899
Docket Number: S-14-553

Justia Opinion Summary: In 1989, The Bauermeisters and the Deavers (collectively, Plaintiffs) entered into an agreement with Waste Management Co. of Nebraska, Inc. (WMN) for the sale of 280 acres of farmland. WMN eventually located a monofill o...

State ex rel. Counsel for Dis. v. Steier
Date: May 15, 2015
Citation: 290 Neb. 915
Docket Number: S-14-765
State v. Davis  
Date: May 8, 2015
Citation: 290 Neb. 826
Docket Number: S-14-508

Justia Opinion Summary: Defendant was convicted of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony. Defendant was sentenced to three life sentences and seventy-five to ninety years’ imprisonment...

In re Estate of Shell  
Date: May 1, 2015
Citation: 290 Neb. 791
Docket Number: S-14-281

Justia Opinion Summary: Marvin Shell died in 2012. Jane Voboril, Shell’s niece, and Sharon Vanosdall, Shell’s sister-in-law, were the two beneficiaries of Shell’s will. The distributions to Voboril and Vanosdall were subject to different amount...

Kalkowski v. Neb. Nat’l Trails Museum Found., Inc.  
Date: May 1, 2015
Citation: 290 Neb. 798
Docket Number: S-14-317

Justia Opinion Summary: Plaintiff donated 159 acres of land to the Nebraska National Trails Museum Foundation (NNTM). At the time of the donation, NNTM leased the land back to Plaintiff and allowed him to farm the land. Plaintiff’s subsequent u...

Marcuzzo v. Bank of the West  
Date: May 1, 2015
Citation: 290 Neb. 809
Docket Number: S-14-367

Justia Opinion Summary: Plaintiffs asserted six causes of action against Wells Fargo Bank, N.A. (Wells Fargo), the Federal National Mortgage Association (Fannie Mae), Erika Knapstein, Bank of the West, and Jeff T. Courtney arising out of the fo...

Nebuda v. Dodge County Sch. Dist. 0062  
Date: April 23, 2015
Citation: 290 Neb. 740
Docket Number: S-14-477

Justia Opinion Summary: After voters in School District rejected a bond proposal to construct an addition to existing high school building, School District entered into a lease-purchase agreement with Bank, which agreed to finance the project....

State v. Lantz  
Date: April 23, 2015
Citation: 290 Neb. 757
Docket Number: S-14-517

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of first degree sexual assault of a child. Defendant was sentenced to fifteen to twenty-five years imprisonment on each count with two counts to be served conse...

Melanie M. v. Winterer  
Date: April 23, 2015
Citation: 290 Neb. 764
Docket Number: S-14-538

Justia Opinion Summary: Melanie M., who lived in North Platte, Nebraska, received benefits under the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. In 2014, the Department of Health and Human Service...

Archer Daniels Midland Co. v. State  
Date: April 23, 2015
Citation: 290 Neb. 780
Docket Number: S-14-724

Justia Opinion Summary: Pursuant to the Nebraska Advantage Act, Archer Daniels Midland (ADM) entered an agreement with the Tax Commissioner with the aim of using incentives set forth in the Act for a project in Platte County. ADM sought a perso...

Balames v. Ginn  
Date: April 17, 2015
Citation: 290 Neb. 682
Docket Number: S-13-1087

Justia Opinion Summary: Plaintiff brought this legal malpractice action for himself and three other individuals for whom he served as attorney in fact (collectively, Plaintiff). Plaintiff named as defendants an attorney and the firm at which th...

Johnson v. Nelson  
Date: April 17, 2015
Citation: 290 Neb. 703
Docket Number: S-14-049

Justia Opinion Summary: Chad Johnson and Stewart Minnick entered into an agreement whereby Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister after Minnick’s death. The purchase price of the farmland was to be...

Wilczewski v. Charter West Nat'l Bank  
Date: April 17, 2015
Citation: 290 Neb. 721
Docket Number: S-14-693

Justia Opinion Summary: In 2010, Plaintiffs purchased real estate from Charter West National Bank. Plaintiffs later filed suit, alleging that Charter West represented that the property would be free and clear of all liens but manipulated the la...

Cargill Meat Solutions Corp. v. Colfax County Bd. of Equalization  
Date: April 17, 2015
Citation: 290 Neb. 726
Docket Number: S-14-701

Justia Opinion Summary: Taxpayer timely filed a 2010 personal property tax return properly listing certain taxable property. The property, however, was not placed on the tax rolls. In 2013, the Colfax County Board of Equalization placed the per...

Unlimited Opportunity, Inc. v. Waadah  
Date: April 10, 2015
Citation: 290 Neb. 629
Docket Number: S-14-012

Justia Opinion Summary: Appellant, a franchisor of professional cleaning and maintenance services, granted Appellee a franchise in the Omaha, Nebraska area. After Appellant discovered that Appellee was diverting Appellant’s customers to his new...

Shasta Linen Supply, Inc. v. Applied Underwriters, Inc.  
Date: April 10, 2015
Citation: 290 Neb. 640
Docket Number: S-14-270

Justia Opinion Summary: Shasta Linen Supply, a California corporation, applied for workers’ compensation insurance coverage from Applied Underwriters, a Nebraska corporation. Shasta accepted Applied’s proposed policy through an agreement entitl...

Ryder v. Ryder  
Date: April 10, 2015
Citation: 290 Neb. 648
Docket Number: S-14-294

Justia Opinion Summary: Wife and Husband’s marriage was dissolved via a decree entered in 2013. Prior to the decree, the parties entered into a property settlement agreement that required Wife to leave the marital home and required Husband to “...

Peterson v. Kings Gate Partners  
Date: April 10, 2015
Citation: 290 Neb. 658
Docket Number: S-14-383

Justia Opinion Summary: Donald Peterson, a resident of Kings Gate senior homes, was assaulted by Floyd Wallace on Kings Gate’s premises. Peterson filed suit against Kings Gate, alleging that Kings Gate was negligent by failing to exercise reaso...

Credit Mgmt. Servs., Inc. v. Jefferson  
Date: April 10, 2015
Citation: 290 Neb. 664
Docket Number: S-14-545

Justia Opinion Summary: Defendant owed $277 to a cash advance company, which assigned the debt to Plaintiff. Plaintiff filed a complaint for the recovery of money in county court, but prior to the entry of judgment, Defendant voluntarily paid P...

Gonzalez v. Gage  
Date: April 10, 2015
Citation: 290 Neb. 671
Docket Number: S-14-568

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree sexual assault and sentenced to imprisonment for thirty to thirty-two years. Defendant filed a pro se petition for a writ of habeas corpus alleging that beca...

Anderson v. Anderson  
Date: April 3, 2015
Citation: 290 Neb. 530
Docket Number: S-14-179

Justia Opinion Summary: Husband filed a complaint for dissolution of his marriage to Wife and sought sole custody of the parties’ child. Wife counterclaimed requesting sole custody. The trial court awarded Husband permanent legal and physical c...

State v. Stricklin  
Date: April 3, 2015
Citation: 290 Neb. 542
Docket Number: S-14-182

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple felony convictions, including two convictions for first degree murder. Defendant was tried jointly with his accomplice. The Supreme Court affirmed Defendant’s convi...

State v. Newman  
Date: April 3, 2015
Citation: 290 Neb. 572
Docket Number: S-14-229

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple felony convictions, including two counts of first degree murder. Defendant was tried jointly with his accomplice. The Supreme Court affirmed Defendant’s convictions...

In re Interest of Octavio B.  
Date: April 3, 2015
Citation: 290 Neb. 589
Docket Number: S-14-484, S-14-485, S-14-486, S-14-487, S-14-488, S-14-489

Justia Opinion Summary: These juvenile proceedings involved the six minor children of Mother. The children were adjudicated under Neb. Rev. Stat. 43-247(3)(a) and placed in the custody of the Nebraska Department of Health and Human Services. Th...

State v. Lee  
Date: April 3, 2015
Citation: 290 Neb. 601
Docket Number: S-14-537

Justia Opinion Summary: Pursuant to a plea bargain, Defendant was convicted of second degree murder and sentenced to a term of seventy years to life in prison. The Supreme Court summarily affirmed. Defendant filed a motion for postconviction re...

In re Interest of Miah S.  
Date: April 3, 2015
Citation: 290 Neb. 607
Docket Number: S-14-632

Justia Opinion Summary: Miah S., a juvenile, was arrested for burglary. Defendant waived his rights under Miranda and agreed to speak to a detective. The next day, two different detectives interviewed Miah about additional burglaries in the are...

In re Cassandra B.  
Date: April 3, 2015
Citation: 290 Neb. 619
Docket Number: S-14-708

Justia Opinion Summary: The juvenile court entered an order prohibiting Mother from homeschooling her daughter Moira B. and directing that Moira continue to be enrolled in an educational program as arranged or approved by the Department of Heal...

Maclovi-Sierra v. City of Omaha  
Date: March 27, 2015
Citation: 290 Neb. 443
Docket Number: S-13-1139

Justia Opinion Summary: Plaintiff filed a complaint against the City of Omaha pursuant to the Political Subdivisions Tort Claims Act seeking damages for injuries he sustained when he was struck by a stolen vehicle allegedly being pursued by Oma...

State v. Stevens  
Date: March 27, 2015
Citation: 290 Neb. 460
Docket Number: S-14-036

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery and sentenced to six to ten years’ imprisonment. A codefendant was tried alongside Defendant and was convicted of the same crime. The Supreme Court affirmed the conv...

State v. Dominguez  
Date: March 27, 2015
Citation: 290 Neb. 477
Docket Number: S-14-047

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery and sentenced to six to ten years’ imprisonment. A codefendant was tried with Defendant and was convicted of the same crime. The Supreme Court affirmed Defendant’s c...

Valpak of Omaha, LLC v. Neb. Dep’t of Revenue  
Date: March 27, 2015
Citation: 290 Neb. 497
Docket Number: S-14-125

Justia Opinion Summary: Between 2004 and 2009, Valpak of Omaha, LLC (“Valpak”) paid more than $5.5 million to Val-pak Direct Marketing Systems, Inc. (“Direct Marketing”) to print direct mail advertisements and distribute them around Omaha, Nebr...

Griffith v. Drew’s LLC  
Date: March 27, 2015
Citation: 290 Neb. 508
Docket Number: S-14-456

Justia Opinion Summary: Buyers purchased a building from Seller that had formerly been leased as a dental clinic. Buyers planned to transform the building into their personal residence. After the parties closed on the property, Buyers discovere...

State v. Branch  
Date: March 27, 2015
Citation: 290 Neb. 523
Docket Number: S-14-711

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery and kidnapping. The Supreme Court affirmed on direct appeal. Defendant subsequently filed a petition for postconviction relief, alleging ineffective assistance of co...

In re Estate of Stuchlik
Date: March 20, 2015
Citation: 290 Neb. 392
Docket Number: S-13-1118
State v. Cook  
Date: March 20, 2015
Citation: 290 Neb. 381
Docket Number: S-13-271

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. The conviction was affirmed on direct appeal. Defendant later filed a second amended motion for postconviction r...

Golnick v. Callender  
Date: March 20, 2015
Citation: 290 Neb. 395
Docket Number: S-14-032

Justia Opinion Summary: Jan Golnick filed a complaint alleging that he sustained injuries as a direct and proximate result of a crash with the vehicle driven by Jack Callender. Callender admitted in his answer that he was negligent in causing t...

David Fiala Ltd. v. Harrison  
Date: March 20, 2015
Citation: 290 Neb. 418
Docket Number: S-14-178

Justia Opinion Summary: William Gross executed an agreement with David Fiala, Ltd. (FuturesOne) setting forth the terms of Gross’ employment with FuturesOne. The agreement contained an arbitration provision. FuturesOne later filed a complaint a...

Kercher v. Board of Regents  
Date: March 20, 2015
Citation: 290 Neb. 428
Docket Number: S-14-211

Justia Opinion Summary: Kyle Kercher sued the Board of Regents at the University of Nebraska and the University of Nebraska at Omaha (collectively, “the University”), alleging that the University breached his employment contract when it removed...

State ex rel. Counsel for Dis. v. Kratville
Date: March 20, 2015
Citation: 290 Neb. 441
Docket Number: S-15-040
Twin Towers Condo. Ass’n, Inc. v. Bel Fury Invs. Group, LLC  
Date: March 13, 2015
Citation: 290 Neb. 329
Docket Number: S-13-1047

Justia Opinion Summary: After Bel Fury Investments Group, LLC failed to pay assessments for property it owned in the Twin Towers Condominium (Unit SCB), the Twin Towers Condominium Association (the Association) recorded two notices of lien and...

Hodson v. Taylor  
Date: March 13, 2015
Citation: 290 Neb. 348
Docket Number: S-13-1131

Justia Opinion Summary: Cole Hodson was invited by Whitney Taylor to the residence of her parents, Bradley and Laura Taylor, for the purpose of swimming and boating in the Willers Cove lake. While diving into the water, Hodson abruptly came int...

State v. Johnson  
Date: March 13, 2015
Citation: 290 Neb. 369
Docket Number: S-14-245

Justia Opinion Summary: Defendant was charged with felony escape. In an amended information, Defendant was also charged with being a habitual criminal. The trial court convicted Defendant of escape and sentenced him as a habitual criminal. Defe...

DMK Biodiesel, LLC v. McCoy  
Date: March 6, 2015
Citation: 290 Neb. 286
Docket Number: S-14-150

Justia Opinion Summary: DMK Biodiesel, LLC and Lanoha RVBF, LLC (collectively, Plaintiffs) brought an action against Renewable Fuels Technology, LLC and several individual defendants (collectively, Defendants), alleging that Defendants violated...

Prof’l Firefighters Ass’n of Omaha v. City of Omaha  
Date: March 6, 2015
Citation: 290 Neb. 300
Docket Number: S-14-230, S-14-375, S-14-627

Justia Opinion Summary: Appellants in this case were the Professional Firefighters Association of Omaha, Local 385, the president of the association, and individual employees covered by the bargaining unit represented by Local 385 (collectively...

In re Guardianship & Conservatorship of Barnhart  
Date: March 6, 2015
Citation: 290 Neb. 314
Docket Number: S-14-420

Justia Opinion Summary: The wife and stepdaughter of Donald Barnhart, who was deemed incapacitated and in need of protection, petitioned to become his coguardians and coconservators. The alleged beneficiaries of Barnhart’s prior will (collectiv...

Rafert v. Meyer  
Date: February 27, 2015
Citation: 290 Neb. 219
Docket Number: S-14-003

Justia Opinion Summary: The settlor (Settlor) directed her attorney to prepare an irrevocable trust, the corpus of which was three insurance policies, that named the attorney as the trustee (Trustee). The policies were payable on the Settlor’s...

Siouxland Ethanol, LLC v. Sebade Bros., LLC  
Date: February 27, 2015
Citation: 290 Neb. 230
Docket Number: S-14-126

Justia Opinion Summary: Buyer entered into a contract with Seller under which Buyer agreed to purchase certain product manufactured by Seller. Buyer rarely purchased the contractual amount of 2,500 tons of product per month. Seller field an ame...

Synergy4 Enters., Inc. v. Pinnacle Bank  
Date: February 27, 2015
Citation: 290 Neb. 241
Docket Number: S-14-176

Justia Opinion Summary: Synergy4 Enterprises, Inc. brought an action against Pinnacle Bank on claims of promissory estoppel, negligent misrepresentation, and fraud, alleging that Pinnacle Bank caused damages by orally assuring Synergy4 that Pin...

Flores v. Flores-Guerrero  
Date: February 27, 2015
Citation: 290 Neb. 248
Docket Number: S-14-224

Justia Opinion Summary: The marriage of Mother and Father was dissolved, and Mother was awarded sole legal and physical custody of the parties’ two minor children. Father was ordered to pay child support. Father subsequently filed a complaint f...

State v. Covey  
Date: February 27, 2015
Citation: 290 Neb. 257
Docket Number: S-14-241

Justia Opinion Summary: When approached by a police officer on suspicion of selling stolen goods, Defendant falsely told the officer that his name was “Daniel Jones.” Defendant later identified himself truthfully as “James Covey.” There was no...

First Tenn. Bank Nat’l Ass’n v. Newham  
Date: February 27, 2015
Citation: 290 Neb. 273
Docket Number: S-14-326

Justia Opinion Summary: Defendant executed a promissory note in favor of the entity that was soon to merge with First Tennessee Bank National Association. The note was secured by a deed of trust for property in California. First Tennessee later...

Aldrich v. Nelson  
Date: February 20, 2015
Citation: 290 Neb. 167
Docket Number: S-14-143

Justia Opinion Summary: This case involved an intrachurch dispute between the members of Bethel Lutheran Church (Bethel), a nonprofit corporation organized under Nebraska law. The Bethel congregation voted by at least two-third majority vote to...

State v. Ortega  
Date: February 20, 2015
Citation: 290 Neb. 172
Docket Number: S-14-185

Justia Opinion Summary: Defendant pled guilty to three misdemeanor charges and was sentenced. The district court and court of appeals affirmed. In an order granting Defendant leave to proceed in forma pauperis on the second appeal, the district...

State v. Wells  
Date: February 20, 2015
Citation: 290 Neb. 186
Docket Number: S-14-331

Justia Opinion Summary: Defendant was convicted of one count of third degree assault of an officer and one count of possession of a controlled substance. The Supreme Court affirmed the convictions, holding (1) the district court did not err in...

Armstrong v. State  
Date: February 20, 2015
Citation: 290 Neb. 205
Docket Number: S-14-438

Justia Opinion Summary: Appellant was injured while working as a staff home nurse at the Eastern Nebraska Veterans’ Home. Appellant filed a petition in Workers’ Compensation Court alleging that she suffered from complex regional pain syndrome (...

Schrag v. Spear  
Date: February 13, 2015
Citation: 290 Neb. 98
Docket Number: S-13-258

Justia Opinion Summary: Upon learning that the parties’ child had relocated with Mother to New York, Father filed a complaint in the district court seeking an award of legal and physical custody of the child. Mother filed an answer and a counte...

Whitesides v. Whitesides  
Date: February 13, 2015
Citation: 290 Neb. 116
Docket Number: S-13-493

Justia Opinion Summary: Dwight Whitesides and Linda Whitesides’ marriage was dissolved pursuant to a dissolution decree entered in 2012. The court entered its decree reflecting a stipulation entered into by the parties regarding the disposition...

Richards v. McClure  
Date: February 13, 2015
Citation: 290 Neb. 124
Docket Number: S-14-092

Justia Opinion Summary: Appellee, on behalf of her minor child, filed a petition and affidavit for a harassment protection order against her child’s boyfriend, Appellant. The district court filed an ex parte harassment protection order and, aft...

Johnson v. Gage  
Date: February 13, 2015
Citation: 290 Neb. 136
Docket Number: S-14-166

Justia Opinion Summary: In 1979, Appellant was convicted of uttering a forged instrument and second degree forgery. Appellant escaped from prison in 1987. In 1997, Appellant was convicted of first degree murder in a California court. In 2006, A...

Stacy M. v. Jason M.  
Date: February 13, 2015
Citation: 290 Neb. 141
Docket Number: S-14-214

Justia Opinion Summary: Jason and Stacy’s marriage was dissolved by a decree entered in 2011. Jason was required to pay child support for three minor children. In 2013, Jason obtained genetic testing which established that he was not the father...

State v. Thorpe  
Date: February 13, 2015
Citation: 290 Neb. 149
Docket Number: S-14-495

Justia Opinion Summary: Appellant was convicted of two counts of first degree murder and two counts of use of a weapon to commit a felony. The Supreme Court vacated Appellant’s sentences of life imprisonment without parole for the murder charg...

State ex rel. Counsel for Dis. v. Holcomb
Date: February 13, 2015
Citation: 290 Neb. 164
Docket Number: S-14-692
State v. Sellers  
Date: February 6, 2015
Citation: 290 Neb. 18
Docket Number: S-13-1049

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first degree murder, one count of attempted first degree murder, and three counts of use of a deadly weapon to commit a felony. The Supreme Court affirmed the...

Despain v. Despain  
Date: February 6, 2015
Citation: 290 Neb. 32
Docket Number: S-13-1133

Justia Opinion Summary: Abigail Despain and William Despain were married in June 2012. Abigail filed a complaint for the dissolution of the marriage in August 2012. After a trial, the district court filed a decree of dissolution of marriage, in...

Hughes v. Sch. Dist. of Aurora  
Date: February 6, 2015
Citation: 290 Neb. 47
Docket Number: S-13-1144

Justia Opinion Summary: John Hughes, the parent of a student at a middle school in Aurora, Nebraska, tripped and fell while exiting the middle school building. Hughes sued the owner of the building, the School District of Aurora, alleging that...

Sanitary & Improvement Dist. No. 196 v. City of Valley  
Date: February 6, 2015
Citation: 290 Neb. 1
Docket Number: S-13-880

Justia Opinion Summary: Ordinance No. 611 of the City of Valley, Nebraska authorized the annexation of land near Valley’s corporate border, some of which included Sanitary and Improvement District No. 196 (SID 196). SID 196 filed a complaint se...

State v. Muhannad  
Date: February 6, 2015
Citation: 290 Neb. 59
Docket Number: S-14-129

Justia Opinion Summary: Defendant was charged with first degree sexual assault. Defendant was brought to trial on the charge two separate times. Each time, the trial ended in mistrial. After the first mistrial, Defendant filed a plea in bar to...

State v. Hale  
Date: February 6, 2015
Citation: 290 Neb. 70
Docket Number: S-14-183

Justia Opinion Summary: Elizabeth Vasholz testified that she was living with her husband, Raymond, in their home when Defendant broke into the house, demanded money, assaulted her and Raymond, and set several objects on fire. Elizabeth escaped...

State v. Merheb  
Date: February 6, 2015
Citation: 290 Neb. 83
Docket Number: S-14-315

Justia Opinion Summary: Defendant pled guilty to attempted possession of marijuana with intent to deliver and was sentenced to one to two years’ imprisonment. Defendant later filed a motion for postconviction relief alleging that his immigratio...

State v. Esch  
Date: February 6, 2015
Citation: 290 Neb. 88
Docket Number: S-14-471

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony criminal mischief and use of a weapon to commit a felony. Defendant appealed. The Court of Appeals vacated Defendant’s sentence for criminal mischief as well as Defen...

United Gen. Title Ins. Co. v. Malone  
Date: January 30, 2015
Citation: 289 Neb. 1006
Docket Number: S-13-1002

Justia Opinion Summary: Improper transfers were made from a title insurance agent’s escrow account. The agent’s principal, United General Title Insurance Company, paid the loss and then sued to recover the loss from multiple entities and person...

State v. Loyuk  
Date: January 30, 2015
Citation: 289 Neb. 967
Docket Number: S-13-806

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree sexual abuse of an inmate or parolee for having sex with a parolee while he was employed as an officer by the Department of Correctional Services. Defendant app...

Marion’s Quality Servs., Inc. v. Neb. Dep’t of Health & Human Servs.  
Date: January 30, 2015
Citation: 289 Neb. 982
Docket Number: S-13-834

Justia Opinion Summary: Marion’s Quality Services, Inc. was a Nebraska corporation doing business as It’s a Kidz World Child Care Center (Center) and as Deb’s Learning Place Family Child Care Home II (Home). In 2012, the Nebraska Department of...

Board of Trustees v. City of Omaha  
Date: January 30, 2015
Citation: 289 Neb. 993
Docket Number: S-13-956

Justia Opinion Summary: Pursuant to the City of Omaha’s home rule charter, the Omaha City Council enacted an ordinance creating the City of Omaha Police and Fire Retirement System (System), which was administered by a board of trustees. The boa...

Steinhausen v. HomeServices of Neb., Inc.  
Date: January 23, 2015
Citation: 289 Neb. 927
Docket Number: S-13-1103

Justia Opinion Summary: Plaintiff was a home inspector and the sole member of an LLC. Two years after Plaintiff inspected a house of the client of a real estate agent (“Agent”) affiliated with a brokerage firm (“Company”), the Agent sent an e-m...

Gibbons Ranches, LLC v. Bailey  
Date: January 23, 2015
Citation: 289 Neb. 949
Docket Number: S-14-109, S-14-110

Justia Opinion Summary: A Landlord leased separate properties to two different sets of Tenants using nearly identical written documents. This appeal concerned a dispute between the Landlord and Tenants regarding whether the leases were enforcea...

Schwartz v. Schwartz  
Date: January 23, 2015
Citation: 289 Neb. 960
Docket Number: S-14-122

Justia Opinion Summary: Upon dissolving the marriage of Mother and Father, the district court gave Father custody of the parties’ minor child. Father later moved to modify the amount of child support Mother paid, alleging that Mother’s income h...

State ex rel. Counsel for Dis. v. Mingus
Date: January 16, 2015
Citation: 289 Neb. 862
Docket Number: S-12-1044
Sanitary & Improvement Dist. No. 1 v. Adamy  
Date: January 16, 2015
Citation: 289 Neb. 913
Docket Number: S-13-1091, S-13-1092

Justia Opinion Summary: Sanitary and Improvement District No. 1, Butler County, Nebraska (SID #1) filed two class action lawsuits in Cass County, Nebraska, alleging that various county treasurers unlawfully deducted an incorrect percentage of a...

Frederick v. City of Falls City  
Date: January 16, 2015
Citation: 289 Neb. 864
Docket Number: S-13-275

Justia Opinion Summary: Falls City Economic Development and Growth Enterprise, Inc. (EDGE), a Nebraska nonprofit corporation, provided economic development services to the City of Falls City, Nebraska. Plaintiff, a Nebraska citizen, sought reco...

Brothers v. Kimball County Hosp.  
Date: January 16, 2015
Citation: 289 Neb. 879
Docket Number: S-13-725

Justia Opinion Summary: Bradly Brothers received medical treatment at Kimball County Hospital after suffering injuries in a single-vehicle accident. After a chiropractor subsequently discovered multiple fractures in Brothers’ finger, Brothers f...

State v. Armendariz  
Date: January 16, 2015
Citation: 289 Neb. 896
Docket Number: S-13-998

Justia Opinion Summary: Defendant pleaded guilty to one count of second degree murder and one count of use of a firearm to commit a felony. The Court of Appeals affirmed. Defendant subsequently filed this action for postconviction relief, alleg...

State ex rel. Counsel for Dis. v. White
Date: January 16, 2015
Citation: 289 Neb. 925
Docket Number: S-14-089
State v. Draper  
Date: January 9, 2015
Citation: 289 Neb. 777
Docket Number: S-13-991

Justia Opinion Summary: Defendant was convicted of intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury. The Supreme Court reversed the convictions and remanded for a new trial, holding (1) t...

Thompson v. Heineman  
Date: January 9, 2015
Citation: 289 Neb. 798
Docket Number: S-14-158

Justia Opinion Summary: L.B. 1161, which was passed in 2012, allows major oil pipeline carriers to bypass the regulatory procedures of the Public Service Commission, instead allowing them to obtain approval from the Governor to exercise the pow...

Stick v. City of Omaha  
Date: January 2, 2015
Citation: 289 Neb. 752
Docket Number: S-13-797

Justia Opinion Summary: Plaintiff brought an action against the City of Omaha under the Political Subdivisions Tort Claims Act (PSTCA), alleging that the City was responsible for injuries Plaintiff sustained in a slip-and-fall accident on a sid...

In re Interest of Zachary D.  
Date: January 2, 2015
Citation: 289 Neb. 763
Docket Number: S-14-263

Justia Opinion Summary: When Alexander was approximately twelve years old, he was placed in a program with Envisions of Norfolk, Inc. The juvenile court ordered that Alexander remain in the Envisions program until further order of the court. Le...

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.