Nebraska Supreme Court Decisions 2016

Millard Gutter Co. v. Farm Bureau Property & Casualty Insurance Co.  
Date: December 30, 2016
Citation: 295 Neb. 419
Docket Number: S-15-912

Justia Opinion Summary: Farm Bureau Property & Casualty Insurance Company issued a homeowner’s insurance policy to Howard Hunter that prohibited an assignment of “[a]ll rights and duties” without Farm Bureau’s consent. After a storm damaged the...

State v. Garza  
Date: December 30, 2016
Citation: 295 Neb. 434
Docket Number: S-16-231

Justia Opinion Summary: In 2001, Appellant was convicted of first degree murder and use of a firearm during the commission of a felony. Appellant was sixteen years old when he committed the crimes leading to his convictions. Appellant was sente...

In re Adoption of Chase T.  
Date: December 23, 2016
Citation: 295 Neb. 390
Docket Number: S-15-1145

Justia Opinion Summary: Lindsay and Jennifer were involved in a committed relationship for several years but were never married. During their relationship, Lindsday gave birth to a son conceived by artificial insemination using an anonymous don...

Sanders v. Frakes  
Date: December 23, 2016
Citation: 295 Neb. 374
Docket Number: S-15-898

Justia Opinion Summary: At issue in this case was whether a facial challenge to the constitutionality of a statute underlying a judgment is permitted in a habeas corpus proceeding after the judgment becomes final. In 2011, Petitioner was convic...

State v. Marrs  
Date: December 23, 2016
Citation: 295 Neb. 399
Docket Number: S-16-192

Justia Opinion Summary: Defendant was convicted of second degree murder. The Supreme Court affirmed Defendant’s conviction on direct appeal. In 2009, Defendant filed a motion under the DNA Testing Act for retesting of biological material relate...

State v. Mantich  
Date: December 23, 2016
Citation: 295 Neb. 407
Docket Number: S-16-221

Justia Opinion Summary: In 1994, Defendant was convicted of first degree murder and use of a weapon to commit a felony. Defendant was fifteen years old at the time of the commission of the acts leading to his convictions. Defendant was sentence...

In re Estate of Balvin  
Date: December 16, 2016
Citation: 295 Neb. 346
Docket Number: S-15-1033

Justia Opinion Summary: The dispute at the center of this case concerned an intestate estate. On appeal, one of the decedent’s two children argued that the county court erred in (1) approving the final accounting and ordering distribution accor...

In re Estate of Evertson  
Date: December 16, 2016
Citation: 295 Neb. 301
Docket Number: S-15-104

Justia Opinion Summary: Bruce Evertson was killed in a two-vehicle accident during the course and scope of his employment. Bruce’s estate filed a wrongful death claim against the insurer of the other driver. The county court accepted a settleme...

In re Interest of Darryn C.  
Date: December 16, 2016
Citation: 295 Neb. 358
Docket Number: S-15-1159

Justia Opinion Summary: The State moved to terminate the parental rights of both parents to Darryn C. Sharon J., the paternal grandparent of Darryn, filed a motion for custody after the mother and father had relinquished their parental rights t...

State v. Bluett  
Date: December 16, 2016
Citation: 295 Neb. 369
Docket Number: S-15-1168

Justia Opinion Summary: Defendant was charged with robbery and use of a weapon to commit a felony. Defendant was fifteen years old at the time he allegedly committed the crimes. Defendant filed a motion to transfer his case to the separate juve...

State v. Senn  
Date: December 16, 2016
Citation: 295 Neb. 315
Docket Number: S-15-734

Justia Opinion Summary: After a jury trial, Defendant was convicted of carrying a concealed weapon. The court of appeals reversed, concluding that the evidence was insufficient to support Defendant’s conviction because the evidence established...

Amory v. City of Lincoln
Date: December 16, 2016
Citation: 295 Neb. 323
Docket Number: S-15-846
In re Interest of Nizigiyimana R.  
Date: December 16, 2016
Citation: 295 Neb. 324
Docket Number: S-15-975

Justia Opinion Summary: Appellants privately adopted the younger sister of Nizigiyimana R. (Ziggy) and sought the placement and eventual adoption of Ziggy. Ziggy’s younger sister who was born after Ziggy was removed the mother’s home and placed...

Wilczewski v. Charter West National Bank  
Date: December 9, 2016
Citation: 295 Neb. 254
Docket Number: S-15-1051

Justia Opinion Summary: Bank foreclosed its loan on residential real estate and resold the property to Buyers. The purchase agreement for the transaction contained an arbitration clause. After Buyers learned that another bank had a superior lie...

In re Sandrino T.  
Date: December 9, 2016
Citation: 295 Neb. 270
Docket Number: S-15-1084, S-15-1087

Justia Opinion Summary: Sandrino T. and Remus M. were each charged in the juvenile court with six counts of ATM “skimming.” In each case, the State moved to transfer to county court. The juvenile court granted the motions. Both Sandrino and Rem...

Windham v. Griffin  
Date: December 9, 2016
Citation: 295 Neb. 279
Docket Number: S-15-1194

Justia Opinion Summary: After Child was born to Mother, Appellant agreed to care for Child until Mother was able to do so. Child was later returned to Mother but was subsequently placed temporarily with Appellant by order of the district court....

State v. Rice  
Date: December 9, 2016
Citation: 295 Neb. 241
Docket Number: S-15-932

Justia Opinion Summary: In 1971, David Rice was convicted of first degree murder and sentenced to life imprisonment. In 2012, Rice filed a successive petition for postconviction relief. The petition was filed on Rice’s behalf by attorney Timoth...

State v. Thieszen  
Date: December 9, 2016
Citation: 295 Neb. 293
Docket Number: S-16-004

Justia Opinion Summary: In 1987, Defendant murdered his twelve-year-old sister. Defendant was fourteen years old at the time of the murder. Defendant was convicted of first degree murder and sentenced to life imprisonment. In 2013, Defendant fi...

State v. Betancourt-Garcia  
Date: December 2, 2016
Citation: 295 Neb. 170
Docket Number: S-15-1001

Justia Opinion Summary: After a jury trial, Defendant was convicted of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. The district court sentenced Defendant to life imprisonment for the kidnapping convic...

In re Interest of Tyrone K.  
Date: December 2, 2016
Citation: 295 Neb. 193
Docket Number: S-15-1057

Justia Opinion Summary: The State filed a petition in juvenile court alleging that sixteen-year-old Tyrone K. committed four counts of theft by receiving stolen property and one count of operating a motor vehicle to avoid arrest. The prosecutor...

In re Adoption of Micah H.  
Date: December 2, 2016
Citation: 295 Neb. 213
Docket Number: S-15-1080

Justia Opinion Summary: The maternal grandparents and guardians of Child (together, Grandparents) filed a petition to adopt Child, alleging that Mother had consented to the adoption, that Father had abandoned Child, and that terminating Mother’...

State v. Wagner  
Date: December 2, 2016
Citation: 295 Neb. 132
Docket Number: S-15-778, S-16-065

Justia Opinion Summary: Defendants in these two cases both pled no contest to the refusal of a chemical test, with three prior convictions for driving under the influence (DUI), under Neb. Rev. Stat. 60-6,197 and Neb. Rev. Stat. 60-6,197.03(8)....

In re Interest of LeVanta S.  
Date: December 2, 2016
Citation: 295 Neb. 151
Docket Number: S-15-909, S-15-910

Justia Opinion Summary: The juvenile court adjudicated twin brothers LeVanta S. and LeRonn S. under Neb. Rev. Stat. 43-247(3)(c) as mentally ill and dangerous. The brother were placed in out-of-home care. The juvenile court later changed the br...

State v. Kolbjornsen  
Date: December 2, 2016
Citation: 295 Neb. 231
Docket Number: S-16-148

Justia Opinion Summary: The State filed an information charging Defendant, a Nebraska prisoner, with assault by a confined person. Defendant later filed two motions seeking relief under the speedy trial provisions of two different legislative a...

In re Interest of Nettie F.  
Date: November 18, 2016
Citation: 295 Neb. 117
Docket Number: S-16-241

Justia Opinion Summary: Appellants were the adoptive parents of Katherine, who was an older sibling of Nettie, the child who was the subject of this juvenile dependency proceeding. Appellants filed a complaint seeking to intervene on Katherine’...

State ex rel. Counsel for Dis. v. Lederer
Date: November 18, 2016
Citation: 295 Neb. 129
Docket Number: S-16-982
State ex rel. Counsel for Dis. v. Tighe
Date: October 28, 2016
Citation: 295 Neb. 30
Docket Number: S-14-685, S-16-130
State v. Draper  
Date: October 28, 2016
Citation: 295 Neb. 88
Docket Number: S-15-1222

Justia Opinion Summary: Defendant was convicted of intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury in connection with the death of his two-year-old grandson. On Defendant’s first appeal,...

Bixenmann v. Dickinson Land Surveyors
Date: October 28, 2016
Citation: 295 Neb. 40
Docket Number: S-15-695
Strode v. City of Ashland  
Date: October 28, 2016
Citation: 295 Neb. 44
Docket Number: S-15-956

Justia Opinion Summary: Randy and Helen Strode owned real property in the City of Ashland, Saunders County. Since the time of the purchase, the Strodes operated a business for the manufacture of agricultural fencing and the storage of salvage o...

State v. Hessler  
Date: October 28, 2016
Citation: 295 Neb. 70
Docket Number: S-15-960

Justia Opinion Summary: In 2003, Defendant pled no contest to sexually assaulting J.B., a girl under sixteen years old. A jury trial was subsequently held in a second case, in which Defendant was convicted and sentenced to death for the murder...

In re Interest of L.T.  
Date: October 28, 2016
Citation: 295 Neb. 105
Docket Number: S-16-024

Justia Opinion Summary: After a hearing, the Mental Health Board of the Fourth Judicial District found that L.T. was a dangerous sex offender under Sex Offender Commitment Act and that inpatient treatment was the least restrictive alternative f...

In re Interest of Antonio J.  
Date: October 28, 2016
Citation: 295 Neb. 112
Docket Number: S-16-276

Justia Opinion Summary: The State filed an amended petition seeking to adjudicate five children under Neb. Rev. Stat. 43-247(3)(a). At the beginning of the adjudication hearing, the State moved to dismiss without prejudice two factual allegatio...

State v. Martinez  
Date: October 21, 2016
Citation: 295 Neb. 1
Docket Number: S-15-881

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a weapon to commit a felony. The Supreme Court affirmed, holding that the district court did not err (1) in finding that Defendant was not dea...

Devney v. Devney  
Date: October 21, 2016
Citation: 295 Neb. 15
Docket Number: S-15-937

Justia Opinion Summary: Clarence Devney petitioned for the dissolution of his marriage to Elizabeth Devney. The district court dissolved the marriage and divided the parties’ assets and debts and, in so doing, found that a postnuptial property...

State v. Olbricht  
Date: October 14, 2016
Citation: 294 Neb. 974
Docket Number: S-15-404

Justia Opinion Summary: After a bench trial, Defendant was convicted of knowing and intentional child abuse resulting in serious bodily injury for abusing his girlfriend’s three-year-old daughter. The court of appeals reversed Defendant’s convi...

State v. Pester  
Date: October 14, 2016
Citation: 294 Neb. 995
Docket Number: S-15-530

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence and refusing to submit to a chemical test. Both convictions were second offenses. Defendant appealed, challenging the county court’s refusal to g...

Stewart v. Nebraska Dep’t of Revenue  
Date: October 14, 2016
Citation: 294 Neb. 1010
Docket Number: S-15-700

Justia Opinion Summary: Two taxpayers sold their capital stock of a corporation and structured the transaction to comply with the terms of a definitional statute in order to qualify for a special capital gains election. The Nebraska Department...

State v. Dubray  
Date: October 7, 2016
Citation: 294 Neb. 937
Docket Number: S-15-1032

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 affirmed Appellant’s convictions and sentences on direct appeal. Appellant subsequently...

State v. Kantaras  
Date: October 7, 2016
Citation: 294 Neb. 960
Docket Number: S-15-1157

Justia Opinion Summary: Appellant pled no contest pursuant to a plea agreement to distribution of a controlled substance, a Class III felony. After a hearing, the district court imposed four years of probation. On appeal, Appellant challenged t...

State v. Boche  
Date: October 7, 2016
Citation: 294 Neb. 912
Docket Number: S-15-677

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of first degree sexual assault committed while he was a juvenile. The district court sentenced Defendant to one year’s imprisonment, ordered him to register under Sex Of...

State v. Benavides  
Date: September 30, 2016
Citation: 294 Neb. 902
Docket Number: S-15-1053

Justia Opinion Summary: In June 2015, Defendant committed domestic assault of a pregnant female. In August 2015, the Legislature’s enactment of L.B. 605, which changed many sentencing provisions, became effective. One of L.B. 605’s provisions r...

Donut Holdings, Inc. v. Risberg  
Date: September 30, 2016
Citation: 294 Neb. 861
Docket Number: S-15-851

Justia Opinion Summary: A holdover franchisee is a franchisee who receives the benefits of an expired franchise agreement but fails to make payments to the franchisor per the agreement. Donut Holdings, Inc. (DHI) was the Nebraska parent corpora...

Hartley v. Metropolitan Utilities District of Omaha  
Date: September 30, 2016
Citation: 294 Neb. 870
Docket Number: S-15-976

Justia Opinion Summary: Kristina Hartley filed a gender discrimination action against Metropolitan Utilities District of Omaha (MUD) under the Nebraska Fair Employment Practice Act (NFEPA), alleging that she was not promoted because of gender d...

State v. Rothenberger  
Date: September 23, 2016
Citation: 294 Neb. 810
Docket Number: S-14-1160

Justia Opinion Summary: After a jury trial, Defendant was convicted of refusal to submit to a chemical test. Defendant was sentenced to six months’ probation. The district court and court of appeals affirmed. The Supreme Court affirmed, holding...

State v. Mitchell  
Date: September 23, 2016
Citation: 294 Neb. 832
Docket Number: S-15-086

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence (DUI), fourth offense, with refusal to submit to a chemical test, and for driving during revocation. The court of appeals affirmed. Defendant pet...

Steckelberg v. Nebraska State Patrol  
Date: September 23, 2016
Citation: 294 Neb. 842
Docket Number: S-15-879

Justia Opinion Summary: Plaintiff, a trooper with the Nebraska State Patrol, was an applicant for a lateral transfer to the position of “Executive Protection Trooper.” After another applicant was awarded the position, Plaintiff filed a public r...

State v. Raatz  
Date: September 23, 2016
Citation: 294 Neb. 852
Docket Number: S-16-194

Justia Opinion Summary: Defendant pleaded no contest to criminal mischief, a Class IV felony. After a hearing, the district court sentenced Defendant to a term of imprisonment of twenty to forty months. Defendant appealed, arguing that the dist...

State v. Cornwell  
Date: September 16, 2016
Citation: 294 Neb. 799
Docket Number: S-15-1040

Justia Opinion Summary: Defendant was charged by information with driving under the influence and refusing to submit to a chemical test. Defendant filed a motion to quash the information, alleging that Neb. Rev. Stat. 60-6,197 and 60-6,197.03(6...

Schlake v. Schlake  
Date: September 16, 2016
Citation: 294 Neb. 755
Docket Number: S-15-263

Justia Opinion Summary: While they were married, Marcia and Gene Schlake purchased residential property as joint tenants. After the parties divorced, Marcia conveyed a remained interest in her undivided one-half interest to her two children but...

State v. Harris  
Date: September 16, 2016
Citation: 294 Neb. 766
Docket Number: S-15-332

Justia Opinion Summary: Defendant pled guilty to possession of a deadly weapon by a prohibited person and, after a jury trial, was found guilty of second degree murder and of using a deadly weapon to commit a felony. The Supreme Court affirmed...

In re Interest of Alec S.  
Date: September 16, 2016
Citation: 294 Neb. 784
Docket Number: S-15-658

Justia Opinion Summary: In 2015, the State filed a motion to terminate Mother’s parental rights to her minor child. After conducting a termination hearing, the juvenile court terminated Mother’s parental rights, finding by clear and convincing...

State ex rel. Counsel for Dis. v. Martin
Date: September 16, 2016
Citation: 294 Neb. 805
Docket Number: S-16-740
State v. Jenkins  
Date: September 9, 2016
Citation: 294 Neb. 684
Docket Number: S-14-1087

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of robbery. The district court found Defendant to be a habitual criminal and sentenced her to consecutive prison terms of thirty to fifty years on each robbery co...

State v. Hood  
Date: September 9, 2016
Citation: 294 Neb. 747
Docket Number: S-15-1124

Justia Opinion Summary: Defendant was charged with motor vehicle homicide, manslaughter, driving under the influence of alcohol or drugs causing serious bodily injury, and other charges arising out of an accident in which the driver of another...

Funk v. Lincoln-Lancaster County Crime Stoppers  
Date: September 9, 2016
Citation: 294 Neb. 715
Docket Number: S-15-743

Justia Opinion Summary: Still images from a video of Plaintiff conducting a legitimate transaction at an ATM were placed on the Lincoln-Lancaster County Crime Stoppers (Crime Stoppers) Web site with text stating that Plaintiff had used someone’...

Jacob v. Neb. Dep’t of Corr. Servs.  
Date: September 9, 2016
Citation: 294 Neb. 735
Docket Number: S-15-826

Justia Opinion Summary: Appellant, an inmate, sent his typewriter out of the prison for repairs, but the Nebraska Department of Correctional Services refused to return the typewriter to him. After unsuccessfully filing a grievance with the Depa...

State v. Gonzales  
Date: September 2, 2016
Citation: 294 Neb. 627
Docket Number: S-15-149

Justia Opinion Summary: After a jury trial, Raymond Frank Gonzales, Jr. (Defendant) was convicted of first degree murder and use of a firearm to commit a felony in connection with the death of Bonnie Baker. The Supreme Court affirmed, holding (...

Nichols v. Fairway Bldg. Prods., LP  
Date: September 2, 2016
Citation: 294 Neb. 657
Docket Number: S-15-888

Justia Opinion Summary: In 2012, Dennis Nichols injured his back while operating a forklift in the course of his employment. Nichols later underwent three surgeries on his back. Nichols filed a workers’ compensation claim for low-back and psych...

Meyer v. Frakes  
Date: September 2, 2016
Citation: 294 Neb. 668
Docket Number: S-16-417

Justia Opinion Summary: In case No. CR11-12 Defendant was convicted and sentenced for the crime of theft by receiving stolen property. In case No. CR11-29, Defendant was convicted and sentenced with burglary and habitual criminal. Defendant pet...

Nebraska v. Rask  
Date: August 26, 2016
Citation: 294 Neb. 612
Docket Number: S-15-1009

Justia Opinion Summary: A police officer discovered Bruce Rask asleep in the cab of his running pickup truck. Rask was ultimately charged with several offenses including driving under the influence (third offense). A jury later found him guilty...

Klein v. Oakland/Red Oak Hold.  
Date: August 26, 2016
Citation: 294 Neb. 535
Docket Number: S-15-380

Justia Opinion Summary: Jeremy and Kimberly Klein, and Robert and Elaine Lynch, (collectively, appellees) purchased a trust deed at a trustee’s sale for certain real estate. Prior to the trustee’s sale, treasurer’s tax deeds for the same real e...

Nebraska v. Parnell  
Date: August 26, 2016
Citation: 294 Neb. 551
Docket Number: S-15-684

Justia Opinion Summary: In a direct appeal, Tracy Parnell challenged his convictions by jury of first degree murder, attempted first degree murder, two counts of use of a deadly weapon to commit a felony, and possession of a weapon by a prohibi...

Interiano-Lopez v. Tyson Fresh Meats  
Date: August 26, 2016
Citation: 294 Neb. 586
Docket Number: S-15-722

Justia Opinion Summary: In 2013, Wilmer Interiano-Lopez was living in Sioux City, Iowa, and working for Tyson at a meatpacking plant in Dakota City, Nebraska. One of his jobs involved cutting the stomach or “paunch” of cows to allow the content...

City of Springfield v. City of Papillion  
Date: August 26, 2016
Citation: 294 Neb. 604
Docket Number: S-15-882

Justia Opinion Summary: The City of Springfield filed suit against the City of Papillion, and Sarpy County, seeking to enjoin Papillion from annexing land which had been indicated as Springfield’s area of future growth in a map adopted by the C...

Hopkins v. Hopkins  
Date: August 19, 2016
Citation: 294 Neb. 417
Docket Number: S-14-790

Justia Opinion Summary: Mother and Father divorced pursuant to a decree that granted Mother full custody of the parties' two daughters, with regular visitation for Father. Almost a decade later, Mother filed an application to modify visitation....

State v. Jenkins  
Date: August 19, 2016
Citation: 294 Neb. 475
Docket Number: S-15-169

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder in the first degree, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Defendant appealed, arguing that the dist...

State v. Saylor  
Date: August 19, 2016
Citation: 294 Neb. 492
Docket Number: S-15-329

Justia Opinion Summary: In 1984, the State charged Defendant with the murder of his grandmother for hiring her killing. After a stipulated bench trial, the district court found Defendant guilty of second degree murder. The district court senten...

Malone v. City of Omaha  
Date: August 19, 2016
Citation: 294 Neb. 516
Docket Number: S-15-676

Justia Opinion Summary: In 2011, the City of Omaha enacted an ordinance requiring contractors doing work within the City to obtain a license. Appellant challenged the ordinance on various grounds. As relevant on appeal, Appellant alleged that t...

Drake-Williams Steel, Inc. v. Continental Cas. Co.  
Date: August 5, 2016
Citation: 294 Neb. 386
Docket Number: S-15-445, S-15-446

Justia Opinion Summary: At the center of this dispute was defective rebar that was incorporated into the construction of concrete pile caps that would form support for the Pinnacle Bank Arena. Some of the pile caps had to be modified in order t...

State ex rel. Dep’t of Ins. v. Countrywide Truck Ins. Agency  
Date: August 5, 2016
Citation: 294 Neb. 400
Docket Number: S-15-515

Justia Opinion Summary: This action began in 1998, when the State filed a complaint on the relation of the State Department of Insurance, which was appointed as receiver of an insolvent insurance company. The case reached the Supreme Court at l...

Bixenmann v. Dickinson Land Surveyors, Inc.  
Date: August 5, 2016
Citation: 294 Neb. 407
Docket Number: S-15-695

Justia Opinion Summary: Lawrence Bixenmann tripped and fell on a stake that the owner of Dickinson Land Surveyors (Dickinson) had placed on the property of Lawrence and Norma Bixenmann while performing a land survey. The Bixenmanns brought this...

Huntington v. Pedersen  
Date: July 29, 2016
Citation: 294 Neb. 294
Docket Number: S-14-1134

Justia Opinion Summary: In two separate garnishment proceedings, Appellants, judgment creditors, served garnishment interrogatories on the judgment debtors’ attorney (Attorney). Appellants did not challenge Attorney’s answers in the first garni...

State v. Milos  
Date: July 29, 2016
Citation: 294 Neb. 375
Docket Number: S-15-1025

Justia Opinion Summary: After a bench trial, Defendant was convicted of possession of a controlled substance and sentenced to probation. On appeal, Defendant challenged the district court’s denial of his motion to suppress and in finding suffic...

State v. Smith  
Date: July 29, 2016
Citation: 294 Neb. 311
Docket Number: S-15-127

Justia Opinion Summary: After a jury trial, Defendant was found guilty of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The Court of Appeals reversed. The Supreme Court affirmed, holding that Defe...

RM Campbell Indus. v. Midwest Renewable Energy, LLC  
Date: July 29, 2016
Citation: 294 Neb. 326
Docket Number: S-15-529

Justia Opinion Summary: RM Campbell Industrial, Inc. entered into a contract with Randall Kramer for construction work on an ethanol plant. The terms of the contract indicated that the contract was between Campbell and KL Process Design Group,...

Sellers v. Sellers  
Date: July 29, 2016
Citation: 294 Neb. 346
Docket Number: S-15-618

Justia Opinion Summary: In 2014, Wife filed a complaint to dissolve her marriage from husband. After the district court entered a decree of dissolution, both parties appealed. The issues on appeal related primarily to the district court’s divis...

State v. Starks  
Date: July 29, 2016
Citation: 294 Neb. 361
Docket Number: S-15-822

Justia Opinion Summary: Defendant was convicted of first degree murder and use of a weapon to commit a felony. The Supreme Court affirmed Defendant’s convictions and sentences on appeal. Defendant subsequently filed a pro se motion for postconv...

State ex rel. Counsel for Dis. v. Moore
Date: July 22, 2016
Citation: 294 Neb. 283
Docket Number: S-15-1177
Lorenzen v. Lorenzen  
Date: July 22, 2016
Citation: 294 Neb. 204
Docket Number: S-15-514

Justia Opinion Summary: Jennifer Lorenzen filed a complaint seeking to dissolve her marriage to David Lorenzen. The parties reached an agreement on certain issues, but a trial was required to determine other property-related issues, including t...

Weitz Co., LLC v. Hands, Inc.  
Date: July 22, 2016
Citation: 294 Neb. 215
Docket Number: S-15-581

Justia Opinion Summary: The Weitz Company, LLC, a general contractor, submitted a bid on a planned nursing facility. Weitz’s bid incorporated the amount of a bid submitted to Weitz by H&S Plumbing and Heating for the plumbing work and the heati...

Edwards v. Hy-Vee, Inc.  
Date: July 22, 2016
Citation: 294 Neb. 237
Docket Number: S-15-682

Justia Opinion Summary: Susan Edwards slipped on a piece of watermelon while shopping at a grocery store operated by Hy-Vee, Inc. and fell. Approximately six feet from where Edwards fell a man was handing out watermelon samples to customers. Pl...

State v. Bol  
Date: July 22, 2016
Citation: 294 Neb. 248
Docket Number: S-15-706

Justia Opinion Summary: Defendant, whose native language was Dinka Bor, pleaded no contest to first degree murder. After a colloquy, the trial court accepted Defendant’s plea, finding that Defendant had entered his plea freely, voluntarily, kno...

In re Interest of Alan L.  
Date: July 22, 2016
Citation: 294 Neb. 261
Docket Number: S-15-860

Justia Opinion Summary: After two commitment hearings, the juvenile court entered an order committing Alan L. to the Office of Juvenile Services (OJS) for commitment at a youth rehabilitation and treatment center. In its first order, the court...

State ex rel. Counsel for Dis. v. Weinberg
Date: July 22, 2016
Citation: 294 Neb. 289
Docket Number: S-16-266
Stanosheck v. Jeanette  
Date: July 15, 2016
Citation: 294 Neb. 138
Docket Number: S-15-490

Justia Opinion Summary: In 2014, Elizabeth Stanosheck filed for divorce from Joseph Jeanette. After a trial in 2015, the district court entered judgment diving the marital estate. The Supreme Court affirmed in part and vacated in part, holding...

Burnett v. Maddocks  
Date: July 15, 2016
Citation: 294 Neb. 152
Docket Number: S-15-712

Justia Opinion Summary: In 2006, a Colorado court entered a decree for adult adoption making Plaintiff, who was fifty-eight years old at the time, the heir of Merrill Maddocks under the intestacy laws. In 2014, Merrill died without leaving any...

State v. Duncan  
Date: July 15, 2016
Citation: 294 Neb. 162
Docket Number: S-15-763

Justia Opinion Summary: After a jury trial, Defendant was found guilty of theft by unlawful taking, more than $500 but less than $1500, a class IV felony. The conviction was based on the accusation that Defendant unlawfully took two items belon...

State v. Aguallo  
Date: July 15, 2016
Citation: 294 Neb. 177
Docket Number: S-15-849

Justia Opinion Summary: Defendant entered a plea of no contest to sexual assault of a child, third degree. At sentencing, the district court considered the effect of certain amendments made to Nebraska’s sentencing laws by 2015 Neb. Laws, L.B....

State v. Carr  
Date: July 15, 2016
Citation: 294 Neb. 185
Docket Number: S-15-921, S-15-922

Justia Opinion Summary: Defendant pleaded guilty to robbery. In a separate criminal case, Defendant pleaded no contest to attempted robbery, use of a firearm to commit a felony, and manslaughter. A few days before the sentencing hearing, Defend...

State v. Thompson  
Date: July 15, 2016
Citation: 294 Neb. 197
Docket Number: S-15-971

Justia Opinion Summary: Defendant was convicted of driving under the influence (DUI), third offense, with a blood alcohol concentration of .15 or greater. The district court sentenced Defendant to a period of twenty-four months’ probation and,...

Lingenfelter v. Lower Elkhorn Natural Res. Dist.  
Date: July 8, 2016
Citation: 294 Neb. 46
Docket Number: S-14-1112

Justia Opinion Summary: Appellant, a farmer, owned Dunaway Farm and Rehfeld Farm, both of which were located within the jurisdiction of the Lower Elkhorn Natural Resources District. Beginning in 2010, Appellant used the well on Rehfeld Farm to...

Cisneros v. Graham  
Date: July 8, 2016
Citation: 294 Neb. 83
Docket Number: S-15-392

Justia Opinion Summary: Hilda Graham (Hilda), the owner of a certificate of deposit (CD), changed the payable-on-death beneficiary to Elaine Cisneros (Cisneros) in 2013. That same year, Hilda appointed Gregory Graham (Graham) as her power of at...

Martin v. Martin  
Date: July 8, 2016
Citation: 294 Neb. 106
Docket Number: S-15-672

Justia Opinion Summary: Mother and Father divorced in 2002. The parties share legal custody of their two minor children, and Mother has physical custody. Pursuant to a 2011 parenting plan, Father was to have rights of visitation. In 2015, Fathe...

Hargesheimer v. Gale  
Date: July 8, 2016
Citation: 294 Neb. 123
Docket Number: S-16-107

Justia Opinion Summary: Appellants filed a complaint challenging a referendum petition. The purpose of the petition was to refer to the voters in the November 2016 general election the question of whether the death penalty should be reinstated....

State v. Edwards  
Date: July 1, 2016
Citation: 294 Neb. 1
Docket Number: S-15-139

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon to commit a felony. In this appeal, Defendant's third appeal to the Supreme Court, Defendant argued that he was denied due pr...

State v. Robertson  
Date: July 1, 2016
Citation: 294 Neb. 29
Docket Number: S-15-443

Justia Opinion Summary: After a jury trial, Defendant was convicted of discharging a firearm at an inhabited house, occupied building, or occupied vehicle and use of a weapon to commit a felony. The court of appeals affirmed on appeal. Thereaft...

Pierce v. Landmark Mgmt. Group  
Date: June 24, 2016
Citation: 293 Neb. 890
Docket Number: S-14-867

Justia Opinion Summary: Plaintiff brought an employment discrimination suit against her former employers, alleging that she had been unlawfully terminated in violation of the Family and Medical Leave Act (FMLA) and the ADA Amendments Act of 200...

In re Adoption of Jaelyn B.  
Date: June 24, 2016
Citation: 293 Neb. 917
Docket Number: S-15-096, S-15-228

Justia Opinion Summary: Jesse, the legal father of Jaelyn under Ohio statutes, challenged the adoption of Jaelyn in Nebraska. Jesse attempted to intervene to challenge the county court’s authority to exercise jurisdiction of the adoption procee...

State v. Harrison  
Date: June 24, 2016
Citation: 293 Neb. 1000
Docket Number: S-15-1085

Justia Opinion Summary: In 1985, Appellant was convicted of first degree murder and sentenced to life imprisonment. In 2015, Appellant filed a second postconviction motion to set aside the conviction and sentence and/or a writ of error coram no...

Cattle Nat’l Bank & Trust Co. v. Watson  
Date: June 24, 2016
Citation: 293 Neb. 943
Docket Number: S-15-512, S-15-872

Justia Opinion Summary: A Bank filed an action against four Guarantors on their personal guaranties of an LLC’s debts. That action resulted in three appeals by the Guarantors. The first appeal was generated after the district court granted the...

Jesse B. v. Tylee H.  
Date: June 24, 2016
Citation: 293 Neb. 973
Docket Number: S-15-870

Justia Opinion Summary: Jesse, the legal father of Jaelyn under Ohio statutes, challenged the adoption of Jaelyn in Nebraska. In this appeal, Jesse specifically challenged the constitutionality of several Nebraska statutes, including statutes t...

State v. Wilkinson  
Date: June 17, 2016
Citation: 293 Neb. 876
Docket Number: S-15-1002

Justia Opinion Summary: Defendant pleaded no contest to obstructing government operations for interfering the prosecution of a city employee in order to prevent the employee from being fired. The county court found Defendant guilty, sentenced h...

State v. Oldson  
Date: June 10, 2016
Citation: 293 Neb. 718
Docket Number: S-13-562

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and sentenced to life imprisonment. The Supreme Court affirmed the conviction and sentence, holding, among other things, that the trial court did not er...

State v. Carpenter  
Date: June 10, 2016
Citation: 293 Neb. 860
Docket Number: S-15-697

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of methamphetamine with intent to deliver. The district court sentenced Defendant to a term of imprisonment from five to fifteen years. The Supreme Court affirmed...

State v. Abejide  
Date: June 3, 2016
Citation: 293 Neb. 687
Docket Number: S-15-180

Justia Opinion Summary: The victim testified that a man she knew (Abejide's brother) invited her over as she walked by his group, on the sidewalk drinking beer. The victim briefly talked and drank beer with them. As the victim was leaving, Abej...

Burns v. Burns  
Date: May 27, 2016
Citation: 293 Neb. 633
Docket Number: S-14-789

Justia Opinion Summary: A 2004 dissolution decree awarded Kerry custody of the parties’ children, provided Michael with parenting time, and ordered Michael to pay child support. The parties settled a 2011 petition for an increase in support and...

In re Adoption of Madysen S.  
Date: May 27, 2016
Citation: 293 Neb. 646
Docket Number: S-15-032

Justia Opinion Summary: Nicole and Jeremy had three children, born in 2001, 2004, and 2005, and lived in Missouri. In 2007, Madysen, then 6 years old, reported that Jeremy had been sexually abusing her for more than a year. Jeremy was arrested....

Lindner v. Kindig  
Date: May 27, 2016
Citation: 293 Neb. 661
Docket Number: S-15-630

Justia Opinion Summary: Lindner sued the City of La Vista, challenging ordinance No. 979, creating an off-street parking district adjoining a Cabela’s store, as unconstitutional. The district court found that the action was time barred and dism...

Lindsay v. Fitl  
Date: May 27, 2016
Citation: 293 Neb. 677
Docket Number: S-15-757

Justia Opinion Summary: The Lindsays were minority shareholders of the 304 Corporation; its principal asset was Mid City Bank. In 2010, the Nebraska Department of Banking and Finance and the FDIC began an examination of the bank. In 2011, the D...

Pittman v. Rivera  
Date: May 20, 2016
Citation: 293 Neb. 569
Docket Number: S-15-159

Justia Opinion Summary: Pittman filed a negligence action for injuries he sustained when he was struck by a vehicle while standing in or near a parking lot owned and maintained by 2nd Street. The driver of the vehicle was Rivera, another patron...

Deintes v. Essex Corp.  
Date: May 20, 2016
Citation: 294 Neb. 577
Docket Number: S-15-170

Justia Opinion Summary: In May 2013, Deines filed a complaint seeking to recover earned commissions from his former employer under the Nebraska Wage Payment and Collection Act. Essex filed an answer which, among other things, alleged Deines had...

State v. Ash  
Date: May 20, 2016
Citation: 293 Neb. 583
Docket Number: S-15-327

Justia Opinion Summary: In November, 2003, Guitron was reported missing. Guitron’s remains were discovered in April 2010, under a woodpile on an abandoned farm in rural Kimball County. The cause of death was determined to be two gunshot wounds;...

Shurigar v. Nebraska State Patrol  
Date: May 20, 2016
Citation: 293 Neb. 606
Docket Number: S-15-396

Justia Opinion Summary: Shurigar submitted a “Nebraska Concealed Handgun Permit Application” and acknowledged that one year earlier, he had been found to be in possession of a loaded pistol in Oklahoma and had pled guilty to “Transporting Loade...

Adams v. State  
Date: May 20, 2016
Citation: 293 Neb. 612
Docket Number: S-15-612

Justia Opinion Summary: The Nebraska Constitution confers on the Legislature the authority to define crimes and fix their punishment and on the Parole Board “power to grant paroles after conviction and judgment, under such conditions as may be...

Aline Bae Tanning, Inc. v. Neb. Dep't. of Revenue  
Date: May 20, 2016
Citation: 293 Neb. 623
Docket Number: S-15-643, S-15-644

Justia Opinion Summary: Several indoor tanning salons filed claims for tax refunds with the Department of Revenue for admissions taxes. Apparently, in 2012, the Attorney General’s office had issued an opinion that Neb. Rev. Stat. 77-2703(1) did...

Sickler v. Sickler  
Date: May 13, 2016
Citation: 293 Neb. 521
Docket Number: S-15-594

Justia Opinion Summary: Madeline Schmitz and Steven Sickler were divorced in 2001. The property division awarded a percentage of Steven’s individual retirement account to Madeline. Madeline’s percentage had not been transferred to her in the fo...

State ex rel. Unger v. State  
Date: May 13, 2016
Citation: 293 Neb. 549
Docket Number: S-15-808

Justia Opinion Summary: Bryant Irish was convicted of driving under the influence and causing serious bodily injury. Dillon Fales was the victim of Irish’s crime. Before the court sentenced Irish, Fales sued Stanton County alleging that he was...

State v. Abdulkadir  
Date: May 13, 2016
Citation: 293 Neb. 560
Docket Number: S-15-951

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon. The Supreme Court affirmed the convictions on direct appeal. Defendant subsequently filed a motion for postconviction relief...

State v. Nguyen  
Date: May 6, 2016
Citation: 293 Neb. 493
Docket Number: S-15-142

Justia Opinion Summary: Defendant was charged with carrying a concealed weapon. At issue before the district court was whether a “Stiletto” knife measuring three and three-quarters inches long that Defendant had in his possession when he was a...

State v. Neisius  
Date: May 6, 2016
Citation: 293 Neb. 503
Docket Number: S-15-816

Justia Opinion Summary: Defendant was convicted of driving a commercial motor vehicle without obtaining a commercial driver’s license (CDL). Defendant appealed, arguing that the evidence was insufficient to support the conviction and that the c...

State v. Dortch  
Date: May 6, 2016
Citation: 293 Neb. 514
Docket Number: S-15-841

Justia Opinion Summary: After a bench trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. Defendant was sentenced to life imprisonment for the murder conviction. Defendant appealed, arguing that there...

In re Interest of Dale L.
Date: April 28, 2016
Citation: 293 Neb. 451
Docket Number: S-15-205
State v. Jones
Date: April 28, 2016
Citation: 293 Neb. 452
Docket Number: S-15-370
Rice v. Poppe
Date: April 28, 2016
Citation: 293 Neb. 467
Docket Number: S-15-528
In re Application No. B-1829
Date: April 28, 2016
Citation: 293 Neb. 485
Docket Number: S-15-601
State v. Britt  
Date: April 22, 2016
Citation: 293 Neb. 381
Docket Number: S-14-551

Justia Opinion Summary: Defendant was convicted of three counts of first degree murder, three counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person. Defendant appealed, arguin...

Hill v. Tevogt
Date: April 22, 2016
Citation: 293 Neb. 429
Docket Number: S-15-311
White v. White
Date: April 22, 2016
Citation: 293 Neb. 439
Docket Number: S-15-350
Moreno v. City of Gering  
Date: April 15, 2016
Citation: 293 Neb. 320
Docket Number: S-15-216

Justia Opinion Summary: Plaintiff was injured in a motor vehicle accident. Plaintiff brought this personal injury action against the City of Gering and Scotts Bluff County under the Political Subdivisions Tort Claims Act. The City and the Count...

State on behalf of Ja'Quezz G. v. Teablo P.
Date: April 15, 2016
Citation: 293 Neb. 337
Docket Number: S-15-291
McReynolds v. RIU Resorts & Hotels
Date: April 15, 2016
Citation: 293 Neb. 345
Docket Number: S-15-423
State v. Duncan
Date: April 15, 2016
Citation: 293 Neb. 359
Docket Number: S-15-668
State v. Woldt  
Date: April 8, 2016
Citation: 293 Neb. 265
Docket Number: A-14-573

Justia Opinion Summary: Defendant was found guilty in county court of driving under the influence and was sentenced to six months’ probation. Defendant appealed, challenging the denial of his motion to suppress. The district court affirmed the...

Pearce v. Mutual of Omaha Ins. Co.  
Date: April 8, 2016
Citation: 293 Neb. 277
Docket Number: A-14-947

Justia Opinion Summary: Kevin Pearce (Appellant) worked as an agent of Mutual of Omaha Insurance Company. Appellant used his personal computers to conduct work for Mutual and stored both personal and client information on the computers. After A...

State v. Goynes  
Date: April 8, 2016
Citation: 293 Neb. 288
Docket Number: S-15-352

Justia Opinion Summary: After a jury trial, Appellant was found guilty of murder in the second degree and use of a deadly weapon to commit a felony. The Supreme Court affirmed Appellant’s convictions and sentences. Appellant’s first petition fo...

State v. Shannon  
Date: April 8, 2016
Citation: 293 Neb. 303
Docket Number: S-15-582

Justia Opinion Summary: Appellant was convicted of two counts of attempted robbery and was sentenced to concurrent terms of fifteen to twenty-five years in prison. Appellant later filed a petition for postconviction relief. Along with his petit...

First Neb. Educators Credit Union v. U.S. Bancorp  
Date: April 8, 2016
Citation: 293 Neb. 308
Docket Number: S-15-617

Justia Opinion Summary: U.S. Bank was a senior lien holder on certain property, and First Nebraska Educators Credit Union’s interest was junior to U.S. Bank’s. After a foreclosure sale, First Nebraska filed suit, alleging that because it did no...

State ex rel. Counsel for Dis. v. Kishiyama
Date: April 8, 2016
Citation: 293 Neb. 317
Docket Number: S-16-227
Sulu v. Magana  
Date: April 1, 2016
Citation: 293 Neb. 148
Docket Number: S-15-128

Justia Opinion Summary: Kim Magana was a parent of a student in the Scottsbluff Public School District (School District) and a member of the School District’s school board (Board). On Magana’s advice, a student authored a letter critical of the...

State v. Grant  
Date: April 1, 2016
Citation: 293 Neb. 163
Docket Number: S-15-192

Justia Opinion Summary: Defendant was convicted of murder in the first degree and use of a deadly weapon to commit a felony. Defendant appealed, raising fourteen assignments of error. The district court sentenced Defendant to life imprisonment...

State v. Cardeilhac  
Date: April 1, 2016
Citation: 293 Neb. 200
Docket Number: S-15-217

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder. Defendant was fifteen years old at the time of the murder. The district court sentenced Defendant to imprisonment for sixty years to life. The Supreme...

Tchikobava v. Albatross Express, LLC  
Date: April 1, 2016
Citation: 293 Neb. 223
Docket Number: S-15-411

Justia Opinion Summary: Appellant sustained injuries in an accident arising out of and in the course of his employment. Appellant filed a petition in the workers’ compensation court seeking temporary and permanent disability benefits. The compe...

Al-Ameen v. Frakes  
Date: April 1, 2016
Citation: 293 Neb. 248
Docket Number: S-15-452

Justia Opinion Summary: Petitioner was convicted of possession of a deadly weapon by a felon and found to be a habitual criminal. Defendant was sentenced to ten to fifteen years’ imprisonment, with a mandatory minimum of ten years’ imprisonment...

Evans v. Frakes  
Date: April 1, 2016
Citation: 293 Neb. 253
Docket Number: S-15-453

Justia Opinion Summary: Petitioner was convicted of burglary and found to be a habitual criminal. Petitioner was sentenced to a mandatory minimum of ten to fifteen years’ imprisonment. Petitioner was erroneously discharged from the custody of t...

Marshall v. EyeCare Specialties, P.C.  
Date: March 25, 2016
Citation: 293 Neb. 91
Docket Number: S-14-696

Justia Opinion Summary: After EyeCare Specialties, P.C. of Lincoln terminated the employment of Cindy Marshall, Marshall sued, alleging that EyeCare discriminated against her because of her skin condition, tremors, and perceived disability rela...

Poullos v. Pine Crest Homes, LLC  
Date: March 25, 2016
Citation: 293 Neb. 115
Docket Number: S-15-236

Justia Opinion Summary: Landowners filed a complaint for injunctive relief and to quiet title attempting to stop the construction of a home on a lot directly adjacent to their property and asking that title to the lot be quieted in them based o...

Phillips v. Liberty Mut. Ins. Co.  
Date: March 25, 2016
Citation: 293 Neb. 123
Docket Number: S-15-324

Justia Opinion Summary: Appellant was a bystander in an incident where two deputies of the Douglas County Sheriff’s Department took a minor student into custody. Appellant alleged that the deputies injured her by negligently knocking her into a...

Lamb v. Fraternal Order of Police Lodge No. 36  
Date: March 25, 2016
Citation: 293 Neb. 138
Docket Number: S-15-361

Justia Opinion Summary: Plaintiff’s employment as captain in the Washington County sheriff’s office was terminated after an investigation into his conduct. Plaintiff filed suit against the Fraternal Order of Police Lodge No. 36 and Michael Robi...

State v. Casterline  
Date: March 18, 2016
Citation: 293 Neb. 41
Docket Number: S-15-045

Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree murder, use of a deadly weapon to commit a felony, and burglary. The Supreme Court affirmed, holding that the district court did not err in (1) finding sufficie...

In re Interest of Isabel P.  
Date: March 18, 2016
Citation: 293 Neb. 62
Docket Number: S-15-487

Justia Opinion Summary: The State filed a petition requesting that K.J. be adjudicated within the meaning of Neb. Rev. Stat. 43-247(3)(a). After a hearing, the court ordered care, custody, and control of K.J. to remain with the Department of He...

In re Interest of Jackson E.  
Date: March 18, 2016
Citation: 293 Neb. 84
Docket Number: S-15-534

Justia Opinion Summary: The juvenile court granted the Department of Health and Human Services temporary custody of Jackson after finding that he had suffered head injuries at home. Jackson was placed with his maternal grandmother, Erin, and he...

In re Estate of Alberts  
Date: March 11, 2016
Citation: 293 Neb. 1
Docket Number: S-15-173

Justia Opinion Summary: After Emil Alberts died, Lois Alberts, his surviving spouse, authorized her attorney to file a petition on her behalf to elect to take one-half of Emil’s augmented estate pursuant to Neb. Rev. Stat. 30-2313. Emil’s two n...

Holloway v. State  
Date: March 11, 2016
Citation: 293 Neb. 12
Docket Number: S-15-280

Justia Opinion Summary: Shortly after his release from prison, Nikko Jenkins shot Shamecka Holloway. Holloway sued the State, Correct Care Solutions (CCS), and certain State employees, claiming that the State and CCS, which contracted with the...

Adair Asset Mgmt., LLC v. Terry’s Legacy, LLC  
Date: March 11, 2016
Citation: 293 Neb. 32
Docket Number: S-15-403

Justia Opinion Summary: In 2011, Cheyenne County conducted its annual tax sale. Rather than using a traditional “round robin” format at the sale, the county treasurer used the “bid down” format provided by Neb. Rev. Stat. 77-1807. Adair Asset M...

State v. Braesch  
Date: March 4, 2016
Citation: 292 Neb. 930
Docket Number: S-14-1091

Justia Opinion Summary: Appellant shot and killed his father in the sight of Appellant’s three nieces. After a bench trial, the district court convicted Appellant of first degree murder, using a firearm to commit a felony, and three counts of n...

McCoolidge v. Oyvetsky  
Date: March 4, 2016
Citation: 292 Neb. 955
Docket Number: S-14-1135

Justia Opinion Summary: James McCoolidge bought a used automobile over the Internet. After McCoolidge received the certificate of title, however, he had trouble registering the certificate in Nebraska. McCoolidge sued the man that sold him the...

In re Conservatorship of Franke  
Date: March 4, 2016
Citation: 292 Neb. 912
Docket Number: S-14-959

Justia Opinion Summary: Before Genevieve Franke’s death in 2014, she had been a resident of a nursing home. In 2013, Genevieve agreed to sell her farmland to her son John Franke at a price below its fair market value. Laurie Berggren, Genevieve...

Scheele v. Rains  
Date: March 4, 2016
Citation: 292 Neb. 974
Docket Number: S-15-130

Justia Opinion Summary: Kristina Scheele was injured in an automobile accident with a semi-trailer truck driven by Frank Lukach. Darrell Rains was burning vegetation off of a field along the highway when the accident occurred. Scheele sued Rain...

State v. Henry  
Date: February 26, 2016
Citation: 292 Neb. 834
Docket Number: S-14-519

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder, use of a deadly weapon to commit a felony, and conspiracy to commit robbery. Defendant was sentenced to consecutive terms of life imprisonment, forty to fifty...

Lowman v. State Farm Mut. Auto. Ins. Co.  
Date: February 26, 2016
Citation: 292 Neb. 882
Docket Number: S-14-823

Justia Opinion Summary: Opal Lowman was injured in an automobile accident. State Farm Mutual Automobile Insurance Company provided underinsured motorist coverage to Opal and her husband. The Lowmans sued State Farm, seeking damages. The jury re...

Waldron v. Roark  
Date: February 26, 2016
Citation: 292 Neb. 889
Docket Number: S-15-144

Justia Opinion Summary: Marilyn Waldron, a seventy-eight-year-old woman, sustained injuries when Deputy Sheriff James Roark and his partner entered Waldron’s home to serve an arrest warrant on Waldron’s grandson. Waldron brought this action aga...

Doty v. West Gate Bank, Inc.  
Date: February 19, 2016
Citation: 292 Neb. 787
Docket Number: S-14-1060

Justia Opinion Summary: Various members of the Doty family gave three deeds of trust (DOT) conveying specific tracts of real estate to West Gate Bank, Inc. as security for certain loans. The DOTs also secured future advances given by the Bank....

In re Interest of Tavian B.  
Date: February 19, 2016
Citation: 292 Neb. 804
Docket Number: S-15-129

Justia Opinion Summary: The juvenile court found Tavian B. to be a child who lacks proper parental care by reason of the fault or habits of his parents and to be in a situation dangerous to life or limb or injurious to his health or morals. The...

Stevens v. Stevens  
Date: February 19, 2016
Citation: 292 Neb. 827
Docket Number: S-15-219

Justia Opinion Summary: The district court dissolved the marriage of Kimberly and Michael, awarded Kimberly custody of the parties’ minor children, and ordered Michael to pay child support. After Michael became disabled, the State, as interveno...

State ex rel. Counsel for Dis. v. Geringer
Date: February 19, 2016
Citation: 292 Neb. 831
Docket Number: S-16-019
State v. Perry  
Date: February 12, 2016
Citation: 292 Neb. 708
Docket Number: S-14-506

Justia Opinion Summary: The district court found Defendant guilty of possession of a controlled substance. On appeal, Defendant argued that the court erred in (1) finding that he was uncooperative with police and gave a false name during a traf...

Bryan M. v. Anne B.  
Date: February 12, 2016
Citation: 292 Neb. 725
Docket Number: S-15-075

Justia Opinion Summary: Anne and Adam have been married since 1995. From 2003 to 2004, Anne and Bryan engaged in an extramarital affair, during which time Anne had regular sexual intercourse with both Bryan and Adam. In 2004, Anne became pregna...

RGR Co., LLC v. Lincoln Comm’n on Human Rights  
Date: February 12, 2016
Citation: 292 Neb. 745
Docket Number: S-15-076

Justia Opinion Summary: Lionel Simeus filed a complaint against RGR Company LLC with the Lincoln Commission on Human Rights for housing discrimination in violation of section 11.06.020(b) of the Lincoln Municipal Code and 42 U.S.C. 3604(b) of t...

State v. Gilliam  
Date: February 12, 2016
Citation: 292 Neb. 770
Docket Number: S-15-373

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence (DUI). After an enhancement hearing, the district court used Defendant’s conviction from a Missouri court in which Defendant pled guilty to drivi...

State v. Hinrichsen  
Date: February 5, 2016
Citation: 292 Neb. 611
Docket Number: S-14-083

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first degree murder. The trial court sentenced Defendant to terms of life-to-life imprisonment for each murder conviction. Defendant appealed, arguing, primari...

Brozek v. Brozek  
Date: February 5, 2016
Citation: 292 Neb. 681
Docket Number: S-14-957, S-14-1141

Justia Opinion Summary: After being married for approximately twenty years, Shelley and Kirk Brozek divorced. The divorce decree divided the marital estate and ordered Kirk to buy some of Shelley’s separate property. Both parties appealed. The...

In re Estate of Lorenz  
Date: January 29, 2016
Citation: 292 Neb. 543
Docket Number: S-13-528

Justia Opinion Summary: William Lorenz died in 2010. The county court admitted William’s last will and testament and two codicils to formal probate and also appointed William’s daughter, Theresa Lorenz, as personal representative of the estate....

State v. Determan  
Date: January 29, 2016
Citation: 292 Neb. 557
Docket Number: S-13-756

Justia Opinion Summary: Defendant pleaded guilty to one count of unlawful manufacture or distribution of a controlled substance and was sentenced to eight to ten years’ imprisonment. Defendant’s direct appeal was dismissed because his poverty a...

State v. McSwine  
Date: January 29, 2016
Citation: 292 Neb. 565
Docket Number: S-13-887

Justia Opinion Summary: Defendant was convicted of terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony. The court of appeals reversed, ruling that the State committed prosecutorial miscond...

State v. Collins  
Date: January 29, 2016
Citation: 292 Neb. 602
Docket Number: S-15-109

Justia Opinion Summary: Defendant was convicted of first degree sexual assault of a person at least twelve but less than sixteen years of age. Defendant filed a direct appeal, but his appeal was dismissed due to the untimely payment of a docket...

Grammer v. Lucking  
Date: January 15, 2016
Citation: 292 Neb. 475
Docket Number: S-14-1080

Justia Opinion Summary: Plaintiffs were walking in the direction of Defendants’ home when Defendants’ dogs ran in Plaintiffs’ direction, barking and growling. One of the plaintiffs stumbled and fell when backing away from the dogs, but neither...

State v. Carter
Date: January 15, 2016
Citation: 292 Neb. 481
Docket Number: S-14-1089
State v. Trice  
Date: January 15, 2016
Citation: 292 Neb. 482
Docket Number: S-14-1139

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder. For reasons not relevant to this appeal, the Supreme Court reversed and remanded the cause for another trial. On remand, after a jury-waived trial, Def...

State v. Smith  
Date: January 15, 2016
Citation: 292 Neb. 434
Docket Number: S-14-769

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first degree sexual assault of a child and related crimes. Defendant was sentenced to forty-one to 110 years of imprisonment, thirty-five of those years being...

State v. Russell  
Date: January 15, 2016
Citation: 292 Neb. 501
Docket Number: S-15-037

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit unlawful possession with intent to deliver a controlled substance. The Supreme Court affirmed, holding that the trial court did not err in (1) admitting...

State v. Irish  
Date: January 15, 2016
Citation: 292 Neb. 513
Docket Number: S-15-270

Justia Opinion Summary: Defendant was convicted of violating Neb. Rev. Stat. 60-6,198(1), which criminalizes the act of proximately causing serious bodily injury to another while driving under the influence of alcohol. Defendant appealed, argui...

Purdie v. Neb. Dep’t of Corr. Servs.  
Date: January 15, 2016
Citation: 292 Neb. 524
Docket Number: S-15-282

Justia Opinion Summary: Appellant, an inmate, applied for reclassification of his custody level from medium custody to minimum custody. The Department of Correctional Services determined that Appellant’s classification should remain at medium c...

Village at North Platte v. Lincoln County Bd. of Equalization  
Date: January 15, 2016
Citation: 292 Neb. 533
Docket Number: S-15-508

Justia Opinion Summary: Neb. Rev. Stat. 77-1502(2) imposes a requirement and specifies a consequence for its violation. In this case, a taxpayer filed a property valuation protest. The taxpayer’s protest form specified the assessed and requeste...

State v. Bain  
Date: January 8, 2016
Citation: 292 Neb. 398
Docket Number: S-14-638

Justia Opinion Summary: After a jury trial, Defendant was convicted of four felonies arising from his assaults of his former wife. Defendant appealed, arguing that the State violated his Sixth Amendment right to confidential communications with...

State v. Lavalleur  
Date: January 8, 2016
Citation: 292 Neb. 424
Docket Number: S-15-481

Justia Opinion Summary: After a jury trial, Defendant was acquitted of first degree sexual assault and convicted of attempted first degree sexual assault. The Supreme Court reversed the conviction and remanded for a new trial. Thereafter, the S...

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