Nebraska Supreme Court Decisions 2017
Date: December 29, 2017
Citation: 298 Neb. 522
Docket Number: S-15-897
Justia Opinion Summary: Huff was tried for first-degree sexual assault. After voir dire, 12 regular jurors and one alternate were sworn in. The next day, juror M.F., communicated that he was anxious about serving and discussed the issue with…
Date: December 29, 2017
Citation: 298 Neb. 536
Docket Number: S-16-623
Justia Opinion Summary: In 1998, the Laus bought land from Walters, who financed the purchase. An attorney, chosen by Walters, drafted the documents. The deed of trust included a right of first refusal that ended once the financing was paid. At…
Date: December 29, 2017
Citation: 298 Neb. 560
Docket Number: S-16-708
Justia Opinion Summary: Royal filed a quiet title action against his predecessors in interest and against Omaha Public Power District (OPPD) alleging fee title ownership of land along the railroad right-of-way passing through his Otoe County…
Date: December 22, 2017
Citation: 298 Neb. 445
Docket Number: S-16-1037
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court dismissing Appellants’ complaint without leave to amend. The complaint stemmed from Nebraska Department of Natural Resources’s…
Date: December 22, 2017
Citation: 298 Neb. 461
Docket Number: S-16-1116
Justia Opinion Summary: An insured obtained life insurance policies and named her trust as the owner. Her insurance agent stole the renewal premiums. The policies lapsed. The insured and the trust’s beneficiaries sued the trustee; the trustee…
Date: December 22, 2017
Citation: 298 Neb. 473
Docket Number: S-17-045
Justia Opinion Summary: Margaret and Hannah lived together in a romantic relationship in Lincoln, Nebraska. They moved to Austin, Texas, in 2003. In 2010, Hannah gave birth to a baby, conceived by artificial insemination. Margaret did not adopt…
Date: December 22, 2017
Citation: 298 Neb. 491
Docket Number: S-17-069
Justia Opinion Summary: While dating April, Johnson made threats concerning April’s relationship with her former husband Edward. The night before April’s death, Johnson was upset that Edward had repaired April’s van. April’s neighbors reported…
Date: December 22, 2017
Citation: 298 Neb. 510
Docket Number: S-17-299
Justia Opinion Summary: Margaret and Hannah lived together in a romantic relationship in Nebraska. They moved to Texas, in 2003 where they legally changed their last names to “Whilde.” In 2010, Hannah gave birth to a baby, conceived by…
Date: December 15, 2017
Citation: 298 Neb. 412
Docket Number: S-16-1004
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for unlawful discharge of a firearm and use of a weapon to commit a felony and the sentences imposed of twenty to thirty years for unlawful discharge of a firearm and an…
Date: December 15, 2017
Citation: 298 Neb. 432
Docket Number: S-16-1015
Justia Opinion Summary: The Supreme Court reversed the decision of the district court denying Petitioner’s motion for postponement of fees. At the same time he filed his motion, Petitioner presented the district court clerk with a petition for…
Date: December 15, 2017
Citation: 298 Neb. 381
Docket Number: S-16-327
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals addressing Appellant’s successive appeals from district court orders denying successive applications to proceed in forma pauperis (IFP). Appellant filed the…
Date: December 15, 2017
Citation: 298 Neb. 398
Docket Number: S-16-946
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Landlord in this negligence action brought by Tenant seeking to recover damages for injuries she…
Date: December 15, 2017
Citation: 298 Neb. 436
Docket Number: S-17-237
Justia Opinion Summary: The Supreme Court affirmed the decision of the juvenile court adjudicating Appellant for violating a Lincoln city ordinance prohibiting disturbing the peace. The juvenile court found that the State had proved the…
Date: December 8, 2017
Citation: 298 Neb. 329
Docket Number: S-16-113
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting the State’s motion to dismiss Plaintiff’s claim for damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that…
Date: December 8, 2017
Citation: 298 Neb. 373
Docket Number: S-16-1233
Justia Opinion Summary: In these postconviction proceedings, the Supreme Court vacated the order of the district court on remand from the Supreme Court, holding that the district court misinterpreted the directions on remand and entered an…
Date: December 8, 2017
Citation: 298 Neb. 339
Docket Number: S-16-807
Justia Opinion Summary: The Supreme Court affirmed, as modified by this opinion, the order of the district court dissolving Brian Osantowski’s marriage to Dori Ann Osantowski, dividing the martial assets and debts, and ordering Brian to make an…
Date: December 1, 2017
Citation: 298 Neb. 266
Docket Number: S-16-1108
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court decreeing that a residence be repainted from a blue color to an earth tone after the homeowners association sued to enforce restrictive covenants. The…
Date: December 1, 2017
Citation: 298 Neb. 279
Docket Number: S-16-1196
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial, without an evidentiary hearing, of Appellant’s motion for postconviction relief. In his motion, Appellant alleged that counsel was ineffective in several respects.…
Date: December 1, 2017
Citation: 298 Neb. 244
Docket Number: S-16-953
Justia Opinion Summary: The Supreme Court affirmed the denial of Petitioner’s petition for a writ of prohibition, holding that there was no merit to Petitioner’s assignment of error. Petitioner pled guilty to driving under the influence of…
Date: December 1, 2017
Citation: 298 Neb. 251
Docket Number: S-16-965
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for unlawful discharge of a firearm and use of a weapon to commit a felony, holding that the district court did not err when it denied Defendant a new trial based on his…
Date: December 1, 2017
Citation: 298 Neb. 297
Docket Number: S-17-057
Justia Opinion Summary: The Supreme Court reversed the decision of the district court concluding that the Nebraska Department of Labor’s action intercepting Appellee’s tax refund from the state to partially pay a judgment determining that…
Date: December 1, 2017
Citation: 298 Neb. 306
Docket Number: S-17-259
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the decision of the juvenile court finding allegations of domestic violence to be true, adjudicating Father’s child on those grounds, and ordering Father to undergo…
Date: December 1, 2017
Citation: 298 Neb. 323
Docket Number: S-17-267
Justia Opinion Summary: The Supreme Court reversed Defendant’s sentence of forty-five days’ jail time and six months’ probation and revocation of her license for one year connected to her plea of guilty to first-offense driving during…
Date: November 17, 2017
Citation: 298 Neb. 216
Docket Number: S-16-979
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of two counts of murder and two counts of attempted murder. The court held (1) the search warrant that authorized police to search for and…
Date: November 17, 2017
Citation: 298 Neb. 237
Docket Number: S-17-139
Justia Opinion Summary: The Supreme Court denied the district court’s order denying Defendant’s second plea in bar asserting a double jeopardy violation. After a jury trial, Defendant was convicted of attempted first degree sexual assault. The…
Date: November 9, 2017
Citation: 298 Neb. 185
Docket Number: S-16-1120
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of several counts of first degree sexual assault of a child and sentencing him accordingly. The court held (1) the district court did not…
Date: November 9, 2017
Citation: 298 Neb. 203
Docket Number: S-17-318
Date: November 3, 2017
Citation: 298 Neb. 109
Docket Number: S-15-1212
Justia Opinion Summary: The Supreme Court affirmed the decision of the trial court entering judgment for Defendants in this tort action filed by a pilot injured in an airplane crash. Patrick O’Brien, a pilot who was seriously injured when the…
Date: November 3, 2017
Citation: 298 Neb. 156
Docket Numbers: S-16-1032, S-16-1035
Justia Opinion Summary: In these consolidated appeals, the Supreme Court affirmed the orders of the district court denying Defendants’ motions for absolute discharge. Gerard Bridgeford and Judith Bridgeford were charged with several…
Date: November 3, 2017
Citation: 298 Neb. 149
Docket Number: S-16-774
Date: November 3, 2017
Citation: 298 Neb. 166
Docket Number: S-17-026
Justia Opinion Summary: The Supreme Court affirmed the order of the Nebraska Tax Equalization and Review Commission (TERC), which affirmed the valuation of the Washington County Board of Equalization of two parcels of land owned by William…
Date: November 3, 2017
Citation: 298 Neb. 174
Docket Number: S-17-040
Justia Opinion Summary: The Supreme Court affirmed the order of the Workers’ Compensation Court awarding an injured employee unspecified vocational rehabilitation. A vocational rehabilitation counselor recommended formal training. A vocational…
Date: October 27, 2017
Citation: 298 Neb. 98
Docket Numbers: S-16-1131, S-16-1132, S-16-1133
Justia Opinion Summary: The Supreme Court affirmed the decision of the county court, sitting as a juvenile court, to decline to adopt a case plan and court report recommended by the Department of Health and Human Services (DHHS). Instead, the…
Date: October 27, 2017
Citation: 298 Neb. 103
Docket Number: S-16-1158
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the county court’s order denying Appellant’s motion for absolute discharge, holding that thee court was unable to review the trial court’s…
Date: October 27, 2017
Citation: 298 Neb. 82
Docket Number: S-16-742
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals determining that the district court did not abuse its discretion in sentencing Defendant to two years’ imprisonment and twelve months’ postrelease…
Date: October 20, 2017
Citation: 298 Neb. 70
Docket Number: S-16-959
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellant’s successive motion for postconviction relief without conducting an evidentiary hearing and without requiring a response from the State. The district…
Date: October 13, 2017
Citation: 298 Neb. 1
Docket Number: S-15-035
Justia Opinion Summary: In this divorce case, the Supreme Court reversed the decision of the court of appeals, which affirmed in part and reversed in part the district court’s judgment, and remanded the cause with directions to affirm the…
Date: October 13, 2017
Citation: 298 Neb. 61
Docket Number: S-16-1200
Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s order that denied his request to modify his probation order. In 2015, Appellant was convicted of proximately causing serious bodily injury to…
Date: October 13, 2017
Citation: 298 Neb. 26
Docket Number: S-16-676
Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of qualified immunity to county deputy sheriff James Roark in this action brought by Marilyn Walton pursuant to 42 U.S.C. 1983. In her complaint, Walton alleged a…
Date: October 13, 2017
Citation: 298 Neb. 53
Docket Number: S-16-941
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of four counts of first degree sexual assault of a child and one count of child abuse and the sentences imposed in connection with the convictions. Defendant was…
Date: October 6, 2017
Citation: 297 Neb. 999
Docket Number: S-16-1121
Justia Opinion Summary: At issue was whether the district court properly dismissed the petition brought by Frenchman-Cambridge Irrigation District (FCID) challenging certain integrated management plans (IMPs). The district court found that…
Date: October 6, 2017
Citation: 297 Neb. 955
Docket Number: S-16-355
Justia Opinion Summary: A court can consider an exception to the State’s waiver of immunity for tort claims under the State Tort Claims Act (STCA) sua sponte and for the first time on appeal. In so holding, the Supreme Court overruled Nebraska…
Date: September 29, 2017
Citation: 297 Neb. 868
Docket Number: S-15-610
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court’s exclusion of untimely disclosed expert opinions regarding medical bills in order to enforce progression orders in an…
Date: September 29, 2017
Citation: 297 Neb. 880
Docket Number: S-16-212
Justia Opinion Summary: The Supreme Court reversed the district court’s grant of summary judgment for Plaintiff inmates and grant of injunctive relief enjoining state officials and their agents from denying the inmates a marriage ceremony via…
Date: September 29, 2017
Citation: 297 Neb. 903
Docket Number: S-16-267
Justia Opinion Summary: The Supreme Court reversed the holding of the Court of Appeals reversing the decision of the Nebraska Workers’ Compensation Court finding that Employee’s work-related injury was fully resolved within three days of the…
Date: September 29, 2017
Citation: 297 Neb. 916
Docket Number: S-16-874
Justia Opinion Summary: The Supreme Court affirmed the district court’s admission of evidence obtained during a search of Defendant’s room. The district court overruled Defendant’s motion to suppress evidence seized from Defendant's bedroom…
Date: September 29, 2017
Citation: 297 Neb. 938
Docket Number: S-17-441
Justia Opinion Summary: The Supreme Court vacated the order of the district court vacating the order of the Nebraska Liquor Control Commission, which denied four beer retailers’ applications to renew their liquor licenses. The retailers were…
Date: September 22, 2017
Citation: 297 Neb. 840
Docket Number: S-16-1003
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion for a new trial, holding that the good faith exception to the exclusionary rule applied in this case. Defendant was convicted of driving under…
Date: September 22, 2017
Citation: 297 Neb. 852
Docket Number: S-16-1063
Justia Opinion Summary: The Supreme Court affirmed the order of the trial court denying Defendant’s motion for absolute discharge, holding (1) the district court did not err in denying Defendant’s motion for discharge based on Defendant’s…
Date: September 22, 2017
Citation: 297 Neb. 798
Docket Number: S-16-810
Justia Opinion Summary: The district court lacked jurisdiction to vacate an arbitration award under the Federal Arbitration Act (FAA). Matt Karo and Michael Karo obtained federally reinsured crop insurance policies serviced by NAU Country…
Date: September 22, 2017
Citation: 297 Neb. 822
Docket Number: S-16-989
Justia Opinion Summary: The Supreme Court affirmed an order of the district court denying Defendant’s motion to suppress the results of a chemical breath test. The court thus affirmed Defendant’s conviction and sentence for aggravating driving…
Date: September 15, 2017
Citation: 297 Neb. 788
Docket Number: S-16-1051
Justia Opinion Summary: The Supreme Court reversed the district court’s dismissal of this appeal, applied the savings clause of Neb. Rev. Stat. 25-1144.01, and reinstated the appeal, holding that, contrary to the conclusion of the district…
Date: September 15, 2017
Citation: 297 Neb. 709
Docket Number: S-16-255
Justia Opinion Summary: At issue was whether the county court erred in overruling Defendant’s motion to suppress. The county court overruled Defendant’s motion after finding that the community caretaking exception to the Fourth Amendment…
Date: September 15, 2017
Citation: 297 Neb. 717
Docket Number: S-16-377
Justia Opinion Summary: The Supreme Court reversed the judgment in favor of Plaintiff, a former officer at the Tecumseh State Correctional Institution, and against Scott Busboom, an officer at the facility, holding that Busboom was entitled to…
Date: September 15, 2017
Citation: 297 Neb. 748
Docket Number: S-16-415
Justia Opinion Summary: The Supreme Court reversed the decision of the county court concerning the distribution of the Sheila Foxley Radford Trust, holding that the county court had insufficient evidence upon which it could base its…
Date: September 15, 2017
Citation: 297 Neb. 761
Docket Number: S-16-628
Justia Opinion Summary: In this appeal from an order denying intervention in a corporation dissolution, the Supreme Court affirmed, holding that the intervenors were seeking only to relitigate matters already decided by the court. Specifically,…
Date: September 15, 2017
Citation: 297 Neb. 773
Docket Number: S-16-664
Justia Opinion Summary: The Supreme Court affirmed the district court’s order denying an intervener’s motion to intervene in her own behalf in this complaint alleging breach of a lease. Streck, Inc. filed a complaint against the Ryan Family,…
Date: September 8, 2017
Citation: 297 Neb. 705
Docket Number: S-16-1164
Date: September 8, 2017
Citation: 297 Neb. 667
Docket Numbers: S-16-694, A-16-849
Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of Plaintiff’s application to probate his father’s will. Plaintiff allegedly learned about his father’s will more than three years after he and his brother…
Date: September 8, 2017
Citation: 297 Neb. 682
Docket Number: S-16-995
Justia Opinion Summary: The Supreme Court affirmed the district court’s order dismissing with prejudice Plaintiff’s complaint for failure to state a claim upon which relief could be granted. Plaintiff, which operated commercial grain warehouses…
Date: September 1, 2017
Citation: 297 Neb. 580
Docket Number: S-16-634
Justia Opinion Summary: The common-law rule in contracts that common-law rule that the release of one joint obligor on a promissory note operates to release all represents settled law in Nebraska and should have been applied by the district…
Date: September 1, 2017
Citation: 297 Neb. 595
Docket Number: S-16-717
Justia Opinion Summary: In this breach of contract action brought by Kelly Armstrong (Plaintiff), a former student at Clarkson College (Defendant), the Supreme Court reversed the district court’s denial of Defendant’s motion to set aside a jury…
Date: September 1, 2017
Citation: 297 Neb. 639
Docket Number: S-16-785
Justia Opinion Summary: The Supreme Court affirmed the orders of the district court sustaining Defendants’ motion for summary judgment and overruling Plaintiff’s motion to alter or amend the judgment in this action brought by Plaintiff against…
Date: August 25, 2017
Citation: 297 Neb. 568
Docket Number: S-16-145
Date: August 25, 2017
Citation: 297 Neb. 570
Docket Number: S-16-873
Justia Opinion Summary: The Supreme Court affirmed the decision of the probate court denying the application of the decedent’s wife (Wife) to be treated as an omitted spouse under a section of the Nebraska Probate Code after the decedent made…
Date: August 18, 2017
Citation: 297 Neb. 557
Docket Number: S-16-1001
Justia Opinion Summary: Defendant pled no contest to first degree murder and was sentenced to life imprisonment. Defendant was sixteen years old at the time of the murder. Defendant’s life sentence was later vacated pursuant to Miller v.…
Date: August 18, 2017
Citation: 297 Neb. 503
Docket Number: S-16-155
Justia Opinion Summary: The Supreme Court reversed the district court’s decision granting Defendant’s motion for DNA testing, holding that it was “plainly evident from the record” that the DNA testing Defendant sought in his motion was not…
Date: August 18, 2017
Citation: 297 Neb. 520
Docket Number: S-16-550
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of terroristic threats, use of a weapon to commit a felony, and negligent child abuse but vacated his sentences and remanded the cause for resentencing, finding plain…
Date: August 18, 2017
Citation: 297 Neb. 541
Docket Number: S-16-604
Justia Opinion Summary: The right of an intervenor to offer evidence in a quiet title action is not restricted by the lis pendens statute. After Jacobsen Land and Cattle Company and the State entered into a purchase agreement for the sale of…
Date: August 11, 2017
Citation: 297 Neb. 444
Docket Number: S-16-421
Justia Opinion Summary: Defendant was arrested in Wyoming, waived extradition, was returned to Nebraska, and was charged with one count of theft by unlawful taking. Defendant filed in the trial court a motion for absolute discharge for…
Date: August 11, 2017
Citation: 297 Neb. 455
Docket Number: S-16-804
Justia Opinion Summary: The Supreme Court affirmed the county court’s denial of Petitioners’ petition for removal of the personal representative of the estate of the decedent pursuant to Neb. Rev. Stat. 30-2454. Petitioners, devisees under the…
Date: August 11, 2017
Citation: 297 Neb. 469
Docket Number: S-16-845
Justia Opinion Summary: This case presented the Supreme Court’s first opportunity to address postrelease supervision as enacted by 2015 Neb. Laws, L.B. 605. Defendant was convicted of third degree sexual assault of a child and requested to…
Date: August 11, 2017
Citation: 297 Neb. 479
Docket Number: S-16-906
Justia Opinion Summary: The Supreme Court affirmed the district court’s summary judgment orders that determined Mutual of Omaha Bank held a valid and enforceable deed of trust against Robert Watson’s homestead property. The court concluded that…
Date: August 11, 2017
Citation: 297 Neb. 496
Docket Number: S-17-432
Date: August 11, 2017
Citation: 297 Neb. 500
Docket Number: S-17-588
Date: August 4, 2017
Citation: 297 Neb. 367
Docket Number: S-15-1008
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court finding Appellant guilty of premeditated first degree murder and sentencing him to life imprisonment. The court held (1) the trial court erred in admitting…
Date: August 4, 2017
Citation: 297 Neb. 422
Docket Number: S-16-798
Justia Opinion Summary: Appellant was charged with four crimes in connection with certain financial dealings. A jury heard his case, and after deliberating for three days, the jury reported that it was deadlocked. The district court sustained…
Date: August 4, 2017
Citation: 297 Neb. 435
Docket Number: S-16-932
Justia Opinion Summary: Lori Greenwood was injured while working for J.J. Hooligans, LLC. Greenwood was informed that because of nonpayment, FirstComp Insurance Company (FirstComp) was not the workers’ compensation insurance carrier on the date…
Date: July 28, 2017
Citation: 297 Neb. 276
Docket Number: S-16-629
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first degree sexual assault of a child under twelve years of age, holding in part that the trial court properly admitted hearsay evidence under the medical diagnosis…
Date: July 28, 2017
Citation: 297 Neb. 302
Docket Number: S-16-641
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that property owned by Steven and Sara Colford was not subject to the neighboring subdivision’s restrictive covenants by virtue of the doctrine of…
Date: July 28, 2017
Citation: 297 Neb. 321
Docket Number: S-16-746
Justia Opinion Summary: Plaintiffs filed a complaint against William McCoy using the pseudonyms “Jane Doe” and “John Doe.” Plaintiffs alleged that McCoy had sexually abused “Jane Doe” while she was a minor and that John Doe, who later married…
Date: July 28, 2017
Citation: 297 Neb. 331
Docket Number: S-16-854
Justia Opinion Summary: The Supreme Court reversed the dismissal of Appellant’s complaint against American Standard Insurance Company of Wisconsin claiming wrongful denial of coverage. American Standard denied underinsured coverage to…
Date: July 28, 2017
Citation: 297 Neb. 347
Docket Number: S-16-875
Justia Opinion Summary: J.S., a student at a middle school, was suspended for fifteen days for a post made on a social media website that caused a substantial disruption at her school. J.S. requested an administrative hearing to contest her…
Date: July 28, 2017
Citation: 297 Neb. 356
Docket Number: S-16-987
Justia Opinion Summary: The Supreme Court reversed the district court’s conclusion that, in this construction dispute, the express terms of a subcontract did not bind the subcontractor to the dispute resolution process within the general…
Date: July 21, 2017
Citation: 297 Neb. 265
Docket Number: S-16-1114
Justia Opinion Summary: The Supreme Court affirmed the denial of Defendant’s motion to suppress evidence seized during the detention and search of a vehicle in which she was a passenger, as well as the sentence imposed for Defendant’s…
Date: July 21, 2017
Citation: 297 Neb. 227
Docket Number: S-16-465
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that overruled Defendant’s motion for postconviction relief without an evidentiary hearing. Defendant pled guilty to five counts of first degree murder and five…
Date: July 21, 2017
Citation: 297 Neb. 246
Docket Number: S-16-496
Justia Opinion Summary: The Supreme Court affirmed the dismissal of Plaintiffs’ breach of contract against Defendant but on different grounds than those found by the district court. The district court dismissed the action for lack of personal…
Date: July 21, 2017
Citation: 297 Neb. 256
Docket Number: S-16-852
Justia Opinion Summary: The Supreme Court affirmed the district court’s summary judgment for the County of Lancaster in this complaint filed by the City of Lincoln seeking reimbursement of expenses paid on its employee’s behalf after a deputy…
Date: July 14, 2017
Citation: 297 Neb. 154
Docket Number: S-16-376
Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of Appellant’s motion for new trial claiming newly discovered evidence, holding that Appellant failed to satisfy the timeliness requirements of Neb. Rev. Stat.…
Date: July 14, 2017
Citation: 297 Neb. 165
Docket Number: S-16-383
Justia Opinion Summary: The Supreme Court affirmed in part and in part vacated and dismissed a district court order that dismissed Homeowners’ amended petition in order challenging a conditional use permit issued by the Omaha Planning Board and…
Date: July 14, 2017
Citation: 297 Neb. 188
Docket Number: S-16-431
Justia Opinion Summary: Accrued investment earnings or appreciation of nonmarital assets during the marriage are presumed marital unless the party seeking the classification of the growth as nonmarital proves that the growth is readily…
Date: July 14, 2017
Citation: 297 Neb. 212
Docket Number: S-16-593
Justia Opinion Summary: In Hike I, Leo and Joanna Hike filed a petition of appeal seeking compensation after the State exercised its power of eminent domain in 2008 to acquire a parcel of the Hikes’ property for an expansion of a highway. The…
Date: July 7, 2017
Citation: 297 Neb. 111
Docket Number: S-16-145
Justia Opinion Summary: Appellants Mary and Terry Cohan brought a medical malpractice action against Appellees alleging that Appellees’ negligent treatment caused Mary’s breast cancer to progress undiagnosed for one year, which led to Mary…
Date: July 7, 2017
Citation: 297 Neb. 132
Docket Numbers: S-16-312, S-16-313, S-16-312, S-16-313
Date: July 7, 2017
Citation: 297 Neb. 134
Docket Number: S-16-897
Justia Opinion Summary: The personal representative of James McGauley’s estate brought a wrongful death action against Washington County for the death of McGauley, a quarry worker who was killed while operating a dump truck on a road being…
Date: July 7, 2017
Citation: 297 Neb. 143
Docket Number: S-16-958
Justia Opinion Summary: Charissa was pregnant when she married Erin. Several months later, Charissa gave birth to a daughter. Charissa listed Erin as the child’s father on her birth certificate. The parties later separated. One year later,…
Date: June 30, 2017
Citation: 297 Neb. 57
Docket Number: S-15-778
Justia Opinion Summary: Plaintiffs sued the State and the Nebraska Department of Health and Human Services (collectively, the State) after a state employee falsely told them that K.D.M. had no sexual abuse history and, upon K.D.M’s placement in…
Date: June 30, 2017
Citation: 297 Neb. 96
Docket Number: S-16-156
Justia Opinion Summary: Defendant moved to vacate his conviction for one count of assault in the first degree and withdraw his plea of no contest to the charge, arguing that the district court erred by failing to properly advise him of the…
Date: June 30, 2017
Citation: 297 Neb. 105
Docket Number: S-16-734
Justia Opinion Summary: 291 Neb. Admin. Code ch. 3, 010.01C does not limit “open class” carriers to providing only prearranged transportation but allows carriers to also operate on a for-hire basis. Golden Plains Services Transportation, Inc.…
Date: June 23, 2017
Citation: 297 Neb. 1
Docket Number: S-15-1205
Justia Opinion Summary: Appellants, the parents and special administrators of the estate of Melissa Rodriguez, who was killed by Michael Loyd, brought this negligence and wrongful death action against numerous defendants. The defendants were…
Date: June 23, 2017
Citation: 297 Neb. 53
Docket Number: S-16-1017
Justia Opinion Summary: Defendant, who was charged with strangulation of his girlfriend, posted a $5,000 appearance bond. Thereafter, defendant assigned the bond funds to his attorney. The State subsequently filed an affidavit of lien for…
Date: June 23, 2017
Citation: 297 Neb. 22
Docket Number: S-16-506
Justia Opinion Summary: The Supreme Court affirmed Defendant’s resentencing for his first degree murder conviction. Defendant was found guilty in 2000 and was seventeen years old at the time of the crime. Resentencing was required under Miller…
Date: June 23, 2017
Citation: 297 Neb. 41
Docket Number: S-16-936
Justia Opinion Summary: A passenger who threw beer out of the window of a vehicle fleeing from law enforcement was not an innocent third party. Dillon Fales and Bryant Irish - both minors - had consumed beer at a party and then left in a…
Date: June 16, 2017
Citation: 296 Neb. 923
Docket Number: S-16-131
Justia Opinion Summary: Defendant, who was convicted of violating Neb. Rev. Stat. 28-1212.04 and other offenses, appealed the district court’s denial of his motion for postconviction relief, arguing that he should have received an evidentiary…
Date: June 16, 2017
Citation: 296 Neb. 932
Docket Number: S-16-501
Justia Opinion Summary: Defendant appealed his drug-related convictions and sentences, raising several issues. The Supreme Court affirmed, holding (1) the district court did not err in admitting testimony regarding drug weights; (2) the…
Date: June 16, 2017
Citation: 296 Neb. 950
Docket Number: S-16-563
Justia Opinion Summary: Defendant appealed his conviction, rendered after a jury trial, for possession of methamphetamine with intent to deliver. Defendant argued, among other things, that the trial court erred in denying his motion to suppress…
Date: June 16, 2017
Citation: 296 Neb. 972
Docket Number: S-16-856
Justia Opinion Summary: Norman Kroemer, an employee of Ribbon Weld, LLC sustained an eye injury in connection with the use of Omaha Track Equipment, LLC’s (OTE) tools. Kroemer and Ribbon Weld entered into a compromise lump-sum settlement for…
Date: June 9, 2017
Citation: 296 Neb. 818
Docket Number: S-16-358
Justia Opinion Summary: ACI Worldwide Corp. sued Baldwin Hackett & Meeks, Inc., its cofounders, and other company principals (collectively, BHMI), alleging that BHMI misappropriated its trade secrets. BHMI counterclaimed, alleging that ACI…
Date: June 9, 2017
Citation: 296 Neb. 884
Docket Number: S-16-381
Justia Opinion Summary: In 2000, doctors Strohmyer, Naegele, and Mantler formed Papillion Family Medicine, P.C. (PFM). In 2013, Strohmyer provided notice that he was leaving PFM to start his own medical practice. Strohmyer then sued PFM,…
Date: June 9, 2017
Citation: 296 Neb. 912
Docket Number: S-16-660
Justia Opinion Summary: After a stipulated bench trial, Defendant was convicted of possession of a firearm by a prohibited person. Defendant was sentenced to three to five years’ imprisonment. Defendant appealed, arguing that the evidence…
Date: June 2, 2017
Citation: 296 Neb. 781
Docket Number: S-16-098
Justia Opinion Summary: Defendant and his father were both charged with criminal conspiracy to commit felony theft. The district court joined the two cases for trial. Before trial, Defendant filed a motion for absolute discharge alleging that…
Date: June 2, 2017
Citation: 296 Neb. 797
Docket Numbers: S-16-222, S-16-307
Justia Opinion Summary: In this dispute arising from a party’s failure to perform on a promissory note Steven Anderson filed a complaint against Steve Finkle alleging breach of contract and quantum meruit or unjust enrichment. After trial but…
Date: June 2, 2017
Citation: 296 Neb. 805
Docket Number: S-16-981
Justia Opinion Summary: The State filed a petition against Mother and Father alleging that Child lacked prenatal care due to the fault or habits of Mother and Father. The juvenile court filed an ex parte order granting the State’s motion for…
Date: May 26, 2017
Citation: 296 Neb. 738
Docket Number: S-16-190
Justia Opinion Summary: Defendant appealed her conviction of first degree sexual assault of a protected individual, arguing that the evidence did not support the jury’s finding that Defendant “subjected” the victim to sexual penetration because…
Date: May 26, 2017
Citation: 296 Neb. 751
Docket Number: S-16-583
Justia Opinion Summary: The Supreme Court affirmed a Tax Equalization and Review Commission (TERC) order adjusting value that increased the “majority land use grass” subclass of the agricultural and horticultural land class of real property not…
Date: May 26, 2017
Citation: 296 Neb. 772
Docket Number: S-16-865
Justia Opinion Summary: Douglas County challenged a district court order that required the County to pay an appointed attorney’s costs in the underlying divorce pursuant to Neb. Rev. Stat. 42-358 because the spouse who was responsible for the…
Date: May 19, 2017
Citation: 296 Neb. 687
Docket Number: S-15-800
Date: May 19, 2017
Citation: 296 Neb. 712
Docket Number: S-16-086
Justia Opinion Summary: Janice M. Hinrichsen, Inc. (JMH) had a judgment against Risk Assessment and Management, Inc. (RAM) in a previous action. In the instant action brought under the Uniform Fraudulent Transfer Act (UFTA), JMH alleged that…
Date: May 19, 2017
Citation: 296 Neb. 726
Docket Number: S-16-480
Justia Opinion Summary: While Tyler Thomas and Joshua Keadle were both students at Peru State College, Keadle allegedly abducted, raped, and murdered Thomas. Appellants filed a fifth amended complaint against the Board of Trustees of the…
Date: May 12, 2017
Citation: 296 Neb. 632
Docket Number: S-16-146
Justia Opinion Summary: Linda Clarke filed suit against First National Bank of Omaha (FNB) alleging that she, rather than Gregg Graham, was the owner of a certificate of deposit. FNB filed a third-party action seeking recovery against Graham to…
Date: May 12, 2017
Citation: 296 Neb. 647
Docket Number: S-16-426
Justia Opinion Summary: Appellant appealed the district court’s order that overruled his motion for postconviction relief without conducting an evidentiary hearing. Appellant pled no contest to one count of first degree false imprisonment and…
Date: May 12, 2017
Citation: 296 Neb. 659
Docket Number: S-16-608
Justia Opinion Summary: The Supreme Court held that “medical assistance” provided to Medicaid recipients includes costs for room and board and other “nonmedical” expenses at nursing facilities, and therefore, those costs can be recovered from…
Date: May 12, 2017
Citation: 296 Neb. 670
Docket Number: S-16-614
Justia Opinion Summary: Defendant appealed his conviction for first degree sexual assault of a child, rendered after a jury trial, and his conviction of thirty-five to fifty years’ imprisonment with credit for 129 days served. The Supreme Court…
Date: May 5, 2017
Citation: 296 Neb. 557
Docket Number: S-15-1100
Justia Opinion Summary: In this case brought under the Federal Employers’ Liability Act and the Federal Safety Appliance Acts (FSAA), the Supreme Court held that the trial court did not err in overruling Plaintiff’s motion for a directed…
Date: May 5, 2017
Citation: 296 Neb. 565
Docket Number: S-16-071
Justia Opinion Summary: In this dispute between the adult children of Robert T. McDowell and Betty Jane McDowell, the county court found ineffective Betty’s exercise of a limited power of appointment given to her by Robert’s trust when she…
Date: May 5, 2017
Citation: 296 Neb. 581
Docket Number: S-16-118
Justia Opinion Summary: In this mandamus action, the State Court Administrator appealed from the district court’s denial of his motion for summary judgment and issuance of the writ of mandamus ordering the disclosure, pursuant to Nebraska’s…
Date: May 5, 2017
Citation: 296 Neb. 608
Docket Number: S-16-609
Justia Opinion Summary: The Supreme Court ruled that the Nebraska Workers’ Compensation Court did not err in determining that Bennett Construction, a sole proprietorship owned and operated by Mark Bennett, was neither Robert Kohout’s direct…
Date: May 5, 2017
Citation: 296 Neb. 624
Docket Number: S-16-715
Date: April 27, 2017
Citation: 296 Neb. 501
Docket Number: S-16-548
Justia Opinion Summary: At issue in this case was the adjustment of the valuation of three subclasses of residential real property in Douglas County. The Tax Equalization and Review Commission (TERC) issued an order to show cause why it should…
Date: April 27, 2017
Citation: 296 Neb. 528
Docket Number: S-16-654
Justia Opinion Summary: Dorothy Pluhacek died at 100 years of age. Thereafter, Margaret Hickey, the Provincial Superioress of the Omaha province of the Notre Dame Sisters, filed an application for information probate of a document that Hickey…
Date: April 27, 2017
Citation: 296 Neb. 537
Docket Number: S-16-761
Justia Opinion Summary: After a jury trial, Appellant was found guilty of exploitation of a vulnerable adult and theft by unlawful taking. Defendant was sentenced to imprisonment of sixty months for the exploitation of a vulnerable adult…
Date: April 27, 2017
Citation: 296 Neb. 550
Docket Number: S-16-803
Date: April 21, 2017
Citation: 296 Neb. 440
Docket Number: S-15-1189
Justia Opinion Summary: Jay Bergmeier filed a complaint for dissolution of marriage. Nanci Bergmeier filed a counter-complaint. The district court filed a decree of dissolution of marriage that (1) determined Jay’s future termination payments…
Date: April 21, 2017
Citation: 296 Neb. 458
Docket Number: S-16-379
Justia Opinion Summary: Plaintiff filed a complaint against Defendant seeking to establish paternity, custody, and support of the parties’ minor child. Thereafter, Plaintiff moved to disqualify Defendant’s privately retained legal counsel. The…
Date: April 21, 2017
Citation: 296 Neb. 469
Docket Number: S-16-526
Justia Opinion Summary: This matter arose from Plaintiff’s termination against Nebraska Machinery Company (NMC) after thirty-eight years of employment. Plaintiff filed an amended complaint against NMC seeking damages for wrongful discharge in…
Date: April 21, 2017
Citation: 296 Neb. 494
Docket Number: S-16-754
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder. The conviction arose from the fatal shooting of Gary Holmes inside a convenience store. The district court sentenced Appellant to life imprisonment. On…
Date: April 14, 2017
Citation: 296 Neb. 376
Docket Number: S-15-1226
Justia Opinion Summary: In 2011, eighty-six-year-old Carl Landgraf executed two joint warranty deeds conveying approximately 1,000 acres of farmland to Gail Neumeister and Marlene Neumeister. In 2012, Landgraf executed deeds to fix an error in…
Date: April 14, 2017
Citation: 296 Neb. 407
Docket Number: S-16-260
Justia Opinion Summary: Jerry Morgan purchased property by obtaining a loan secured by a deed of trust. Morgan conveyed the property to his company, Midland Properties, LLC, and managed the property as a rental. Wells Fargo, N.A., which had…
Date: April 14, 2017
Citation: 296 Neb. 416
Docket Number: S-16-515
Justia Opinion Summary: Ginger Cove Common Area Company sued Scott Wiekhorst for unpaid assessments. Wiekhorst filed a counterclaim alleging that Ginger Cover violated its fiduciary duty. After a bench trial, the district court entered judgment…
Date: April 14, 2017
Citation: 296 Neb. 424
Docket Number: S-16-621
Justia Opinion Summary: Defendant was charged with driving under the influence. Prior to trial, the State filed a motion for an order in limine seeking to prohibit Defendant from offering evidence regarding a “choice of evils” defense.…
Date: April 7, 2017
Citation: 296 Neb. 228
Docket Number: S-15-1022
Justia Opinion Summary: The Nebraska Cooperative Republican Platte Enhancement (N-CORPE), a political subdivision of the State of Nebraska, brought condemnation proceedings against Appellant seeking an easement across Appellant’s real estate.…
Date: April 7, 2017
Citation: 296 Neb. 262
Docket Number: S-16-018
Justia Opinion Summary: Plaintiffs were three same-sex couples who sought to enjoin Defendants from enforcing a 1995 administrative memorandum and from restricting gay and lesbian individuals and couples from being considered or selected as…
Date: April 7, 2017
Citation: 296 Neb. 304
Docket Number: S-16-114
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree sexual assault, first degree false imprisonment, strangulation, and third degree domestic assault. The Court of Appeals affirmed. Defendant later filed a motion…
Date: April 7, 2017
Citation: 296 Neb. 317
Docket Number: S-16-283
Justia Opinion Summary: Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. This appeal concerned Defendant’s third amended motion for postconviction relief, in which Defendant alleged that his…
Date: April 7, 2017
Citation: 296 Neb. 347
Docket Number: S-16-312, S-16-313
Justia Opinion Summary: The Nebraska Department of Revenue and the acting Tax Commissioner denied, in part, the requested refunds of Farmers Cooperative and Frontier Cooperative Co. (collectively, the Cooperatives). The district court affirmed.…
Date: April 7, 2017
Citation: 296 Neb.365
Docket Number: S-16-646, S-16-647, S-16-648
Justia Opinion Summary: The State filed juvenile petitions alleging that the three children of Mother and Father came within the meaning of Neb. Rev. Stat. 43-247(3)(a) due to the faults and habits of their parents. The juvenile court found the…
Date: March 31, 2017
Citation: 296 Neb. 203
Docket Number: S-16-419, S-16-425
Justia Opinion Summary: In two separate cases, Defendant was convicted of two counts of possession of a controlled substance and one count of driving under the influence. In case No. S-16-419, the district court sentenced Defendant to a period…
Date: March 31, 2017
Citation: 296 Neb. 216
Docket Number: S-16-511
Justia Opinion Summary: Plaintiff, as an individual and as an assignee, brought this action pro se to recover for wrongs allegedly committed against the assignor, a limited liability corporation (LLC). The district court dismissed the action,…
Date: March 24, 2017
Citation: 296 Neb. 135
Docket Number: S-15-1167
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. The Court of Appeals affirmed, holding that the district court did not err by (1) failing to grant Defendant’s…
Date: March 24, 2017
Citation: 296 Neb. 165
Docket Number: S-16-207
Justia Opinion Summary: Seller agreed to sell an aerial spraying company to Buyer pursuant to a purchase agreement that contained a covenant not to compete. Seller, his son, and the company (collectively, Seller) subsequently filed this action…
Date: March 24, 2017
Citation: 296 Neb. 172
Docket Number: S-16-464
Justia Opinion Summary: Defendant was sentenced to not less than two years nor more than two years in prison for possession of a controlled substance - a class IV felony - and to fifteen to twenty years in prison for possession of a stolen…
Date: March 24, 2017
Citation: 296 Neb. 184
Docket Number: S-16-491
Justia Opinion Summary: In 2004, Michael Burns and Kerry Burns divorced. This appeal involved a contempt proceeding between the parties that was pending before the district court for Adams County. Judge James Doyle, acting as the district judge…
Date: March 24, 2017
Citation: 296 Neb. 193
Docket Number: S-16-554
Justia Opinion Summary: The Tax Equalization and Review Commission (TERC) adjusted upward by eight percent the value of the “land use grass” subclass of the agricultural and horticultural land class of real property in Franklin County not…
Date: March 17, 2017
Citation: 296 Neb. 40
Docket Number: S-15-1114
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person. The trial court sentenced Defendant to life sentence for first…
Date: March 17, 2017
Citation: 296 Neb. 73
Docket Number: S-16-122
Justia Opinion Summary: Western Ethanol Co., LLC obtained a judgment lien on Midwest Renewable Energy, LLC’s Lincoln County real property. Western Ethanol then dissolved and transferred its assets to its members. Douglas Vind, the managing…
Date: March 17, 2017
Citation: 296 Neb. 94
Docket Number: S-16-133
Justia Opinion Summary: When he was seventeen years old, Defendant pled guilty to first degree murder. Defendant was sentenced to a mandatory term of life imprisonment. Pursuant to Miller v. Alabama, Defendant’s sentence was vacated. After a…
Date: March 17, 2017
Citation: 296 Neb. 123
Docket Number: S-16-547
Justia Opinion Summary: Father appealed from a decree dissolving his marriage to Mother, contesting the award of custody of the parties’ two children to Mother, the order that Father pay child support, and the classification of lump-sum…
Date: March 10, 2017
Citation: 296 Neb. 1
Docket Number: S-16-209
Justia Opinion Summary: Medicine Creek LLC filed a request for a variance from the Middle Republican Natural Resources District’s (MRNRD) moratorium on new well drilling. MRNRD voted to deny the variance. Medicine Creek sought judicial review…
Date: March 10, 2017
Citation: 296 Neb. 10
Docket Number: S-16-558, S-16-560
Justia Opinion Summary: In 2013 and 2014, the Nebraska Department of Natural Resources (DNR) issued orders and closing notices to holders of surface water permits for natural flow and storage in the Republic River Basin. Several appropriators,…
Date: March 10, 2017
Citation: 296 Neb. 31
Docket Number: S-16-643
Justia Opinion Summary: Defendant was convicted of first degree murder, attempted first degree murder, and two counts of use of a deadly weapon to commit a felony. Defendant was sentenced to life imprisonment on the murder conviction. After the…
Date: March 3, 2017
Citation: 295 Neb. 957
Docket Number: S-16-199
Justia Opinion Summary: Defendant pled guilty to kidnapping, a crime he committed when he was sixteen years old. Defendant was initially sentenced to life imprisonment. After the U.S. Supreme Court decided Graham v. Florida and Miller v.…
Date: March 3, 2017
Citation: 295 Neb. 981
Docket Number: S-16-230
Justia Opinion Summary: Landlord leased commercial real estate to Tenant, a third party. The lease agreement provided on option to purchase with a condition precedent. At the time Tenant assigned this purchase option to Assignees, Tenant had…
Date: March 3, 2017
Citation: 295 Neb. 995
Docket Number: S-16-373
Date: March 3, 2017
Citation: 295 Neb. 1014
Docket Number: S-16-456
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, use of a deadly weapon to commit a felony, and tampering with a witness. The Supreme Court affirmed on appeal. Defendant subsequently filed a fourth…
Date: February 24, 2017
Citation: 295 Neb. 903
Docket Number: S-15-1166
Justia Opinion Summary: D.I. was committed for treatment as a dangerous sex offender under the Sex Offender Commitment Act (SOCA). The Supreme Court upheld the commitment. The Douglas County public defender’s office represented D.I. during the…
Date: February 24, 2017
Citation: 295 Neb. 878
Docket Number: S-15-742
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, first-degree assault, robbery, attempted robbery, and four counts of use of a deadly weapon to commit a felony. The Supreme Court affirmed, holding (1)…
Date: February 24, 2017
Citation: 295 Neb. 912
Docket Number: S-16-014
Justia Opinion Summary: Homeowners obtained loans from Bank for the construction of a new home and entered into an agreement with Contractor to complete the new home construction. When Homeowners defaulted on payments owed to Contractor and on…
Date: February 24, 2017
Citation: 295 Neb. 933
Docket Number: S-16-437
Justia Opinion Summary: Brayden O. was a seventeen-year-old girl who suffered from Coffin-Lowry Syndrome and other disabilities. Brayden had been receiving home and community-based waiver services through the Medicaid division of the Nebraska…
Date: February 24, 2017
Citation: 295 Neb. 941
Docket Number: S-16-446
Justia Opinion Summary: Defendant was convicted and sentenced for refusing to submit to a chemical test, refusing to submit to a preliminary breath test, and driving without a license. On appeal, Defendant challenged the district court’s…
Date: February 17, 2017
Citation: 295 Neb. 830
Docket Number: S-16-269
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first degree murder and other crimes. Appellant was sentenced to death on each murder conviction. The Supreme Court affirmed on appeal. Appellant later filed a…
Date: February 17, 2017
Citation: 295 Neb. 852
Docket Number: S-16-362
Justia Opinion Summary: Appellant was previously married to the decedent. Together, they had a son (Son). After the decedent died, Appellant filed a claim with the estate on Son’s behalf seeking one-half of Son’s reasonable secondary…
Date: February 17, 2017
Citation: 295 Neb. 859
Docket Number: S-16-597
Justia Opinion Summary: Rosemary Henn filed a putative class action in a federal court alleging that American Family Mutual Insurance Company wrongfully failed to compensate her and others similarly situated by depreciating labor costs in…
Date: February 10, 2017
Citation: 295 Neb. 785
Docket Number: S-15-1224
Justia Opinion Summary: Dan Anderson filed suit against Union Pacific Railroad Company under the Federal Employers’ Liability Act, asserting that he suffered permanent injuries resulting from a fall during the course of his employment. The jury…
Date: February 10, 2017
Citation: 295 Neb. 795
Docket Number: S-16-236
Justia Opinion Summary: David Leon Frederick sent a public records request to the City of Falls City administrator requesting certain records in the physical custody of Falls City and the Falls City Economic Development and Growth Enterprise,…
Date: February 10, 2017
Citation: 295 Neb. 802
Docket Number: S-16-335
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder and use of a weapon to commit a felony. Defendant was sentenced to life imprisonment plus ten to twenty years’ imprisonment. The Supreme Court…
Date: February 10, 2017
Citation: 295 Neb. 814
Docket Number: S-16-534, S-16-535, A-16-536, S-16-537, S-16-538
Justia Opinion Summary: The State filed motions for termination of Mother’s parental rights to her five children due to abandonment, neglect, and aggravated circumstances. After a hearing, the county court granted the State’s motions to…
Date: February 3, 2017
Citation: 295 Neb. 706
Docket Number: S-15-1156
Justia Opinion Summary: Appellants filed an amended complaint seeking to invalidate a contract between the City of North Platte, Nebraska and Priority Medical Transport, LLC on the ground that the City provided insufficient notice of its…
Date: February 3, 2017
Citation: 295 Neb. 674
Docket Number: S-15-322
Justia Opinion Summary: After Douglas County Youth Center terminated Daniel Archie’s employment, Archie brought an administrative appeal. The Douglas County Civil Service Commission reversed the termination and ordered that Archie be…
Date: February 3, 2017
Citation: 295 Neb. 698
Docket Number: S-15-928
Justia Opinion Summary: After Joel Woodward was convicted of driving under the influence (DUI) a second time, the Nebraska Department of Motor Vehicles (DMV) issued an order revoking Woodward’s commercial driver’s license (CDL) for life.…
Date: February 3, 2017
Citation: 295 Neb. 716
Docket Number: S-16-009
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance (methamphetamine) and of driving under suspension. Defendant was sentenced to a mandatory minimum of ten years’ imprisonment to a…
Date: February 3, 2017
Citation: 925 Neb. 764
Docket Number: S-16-031
Justia Opinion Summary: After an adjudicative hearing, the juvenile court found the three children of Mother and Father were within the meaning of Neb. Rev. Stat. 43-247(3)(a) as to both parents due to physical abuse. The State subsequently…
Date: January 27, 2017
Citation: 295 Neb. 635
Docket Number: S-15-934
Justia Opinion Summary: Raven Addy-Cruz was killed in an automobile accident caused by Lyle Carman. Carman was employed by Lopez Trucking. Lopez Trucking had been hired by Werner Construction (Werner) to haul debris from a construction site.…
Date: January 27, 2017
Citation: 295 Neb. 639
Docket Number: S-15-999
Justia Opinion Summary: Guardian Tax Partners Inc. purchased, at a treasurer’s tax sale, a one percent interest in certain Douglas County real estate owned by Skrupa Investment Company. Guardian subsequently recorded a treasurer’s tax deed to…
Date: January 27, 2017
Citation: 295 Neb. 650
Docket Number: S-16-051
Justia Opinion Summary: On March 9, 2013, Stephen Kelly suffered a fall from his home. Stephen was treated at Saint Francis Medical Center by Dr. Jeff Burwell. Stephen died on March 16. On March 10, 2015, Ann Kelly filed, on her own behalf and…
Date: January 27, 2017
Citation: 295 Neb. 667
Docket Number: S-16-116
Justia Opinion Summary: Appellee filed a complaint for dissolution of marriage against Appellant. During the pendency of the dissolution case, Appellant filed a separate complaint for declaratory judgment seeking an order regarding the parties’…
Date: January 20, 2017
Citation: 295 Neb. 575
Docket Number: S-16-083
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first degree murder. Appellant was sentenced to life without parole on both counts. The Supreme Court affirmed on appeal. This appeal concerned Appellant’s…
Date: January 20, 2017
Citation: 295 Neb. 607
Docket Number: S-16-471
Justia Opinion Summary: After a jury trial, Appellant was convicted of first degree murder and use of a deadly weapon to commit a felony. Appellant was sentenced to life imprisonment on the murder conviction. The Supreme Court affirmed…
Date: January 13, 2017
Citation: 295 Neb. 510
Docket Number: S-15-967, S-16-040
Justia Opinion Summary: This appeal arose from two consolidated appeals from proceedings in the county court. The first appeal was from the court’s final order appointing a conservator for Marcia Abbott, and the second was from the court’s…
Date: January 13, 2017
Citation: 295 Neb. 532
Docket Number: S-16-219
Justia Opinion Summary: After Loyola Kaiser’s husband, Albert Kaiser, died, Heartland Trust Company, as Loyola’s conservator, filed an application in the county court seeking authority to file the elective share it argued was due to Loyola as…
Date: January 13, 2017
Citation: 295 Neb. 547
Docket Number: S-16-273
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first degree felony murder and other crimes. Appellant was sentenced to life imprisonment for each first degree murder. The Supreme Court vacated Appellant’s…
Date: January 13, 2017
Citation: 295 Neb. 563
Docket Number: S-16-314
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to attempted possession of a controlled substance and driving under the influence. The district court sentenced Defendant to two jail sentences, to be served…
Date: January 6, 2017
Citation: 295 Neb. 453
Docket Number: S-15-405
Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional child abuse resulting in death. Defendant was sentenced to imprisonment for eighty years to life. Defendant appealed, assigning numerous errors addressed to the…
Date: January 6, 2017
Citation: 295 Neb. 477
Docket Number: S-16-077
Justia Opinion Summary: After a bench trial on stipulated facts, Defendant was found guilty of refusal of a chemical test in violation of Neb. Rev. Stat. 60-6,197. Defendant appealed, arguing, primarily, that the trial court erred in denying…
Date: January 6, 2017
Citation: 295 Neb. 496
Docket Number: S-16-237
Justia Opinion Summary: Defendant pled no contest to possession of a controlled substance and unlawful acts relating to drugs. After a sentencing hearing, the district court found that Defendant was not a suitable candidate for probation and…
