Nebraska Supreme Court Decisions 2017

State v. Huff  
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 th...

Walters v. Sporer  
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...

Royal v. McKee  
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 pr...

Cappel v. State  
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 (D...

Rafert v. Meyer  
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 b...

Whilde v. Whilde  
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...

State v. Johnson  
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...

In re Change of Name of Whilde  
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 artifici...

State v. Wofford  
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...

Buggs v. Frakes  
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...

Mumin v. Frakes  
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...

Benard v. McDowall, LLC  
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 sustaine...

In re Interest of Elainna R.  
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 allegat...

Nadeem v. State  
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 Plainti...

State v. Payne  
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 orde...

Osantowski v. Osantowski  
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...

Estates at Prairie Ridge Homeowners Ass’n v. Korth  
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 Homeown...

State v. Custer  
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....

Zeleny v. State  
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 al...

State v. Hairston  
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...

McCoy v. Albin  
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 Appel...

In re Interest of Lilly S.  
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...

State v. Huston  
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 revocatio...

State v. Baker  
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 s...

State v. Lavalleur  
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...

State v. Mora  
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...

State ex rel. Counsel for Dis. v. Gast
Date: November 9, 2017
Citation: 298 Neb. 203
Docket Number: S-17-318
O'Brien v. Cessna Aircraft Co.  
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...

State v. Bridgeford  
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 drug-rela...

State ex rel. Counsel for Dis. v. Halstead
Date: November 3, 2017
Citation: 298 Neb. 149
Docket Number: S-16-774
Burdess v. Washington County Board of Equalization  
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 Burd...

Anderson v. EMCOR Group, Inc.  
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...

In re Interest of Becka P.  
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 j...

State v. Lintz  
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 determinatio...

State v. Dyer  
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 supervisi...

State v. Amaya  
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 co...

Marshall v. Marshall  
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 decre...

State v. Irish  
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 anoth...

Waldron v. Roark  
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 vio...

State v. Stone  
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 sentenc...

Frenchman-Cambridge Irrigation District v. Department of Natural Resources  
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 ther...

Davis v. State  
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...

Putnam v. Scherbring  
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 automobi...

Gillpatrick v. Sabatka-Rine  
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 v...

Hintz v. Farmers Cooperative Ass’n  
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 wo...

State v. Bray  
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 fol...

Kozal v. Nebraska Liquor Control Commission  
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 lo...

State v. Hoerle  
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...

State v. Gill  
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 statu...

Karo v. NAU Country Insurance Co.  
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 Ins...

State v. Jasa  
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...

Lindsay International Sales & Service v. Wegener  
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 cour...

State v. Rivera  
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 applie...

White v. Busboom  
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...

In re Estate of Radford  
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 findings....

Wayne L. Ryan Revocable Trust v. Ryan  
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,...

Streck, Inc. v. Ryan Family, LLC  
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, LL...

State ex rel. Counsel for Dis. v. Fitch
Date: September 8, 2017
Citation: 297 Neb. 705
Docket Number: S-16-1164
In re Estate of Fuchs  
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 commen...

Salem Grain Co. v. Consolidated Grain & Barge Co.  
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...

Cano v. Walker  
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 cou...

Armstrong v. Clarkson College  
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...

Knapp v. Ruser  
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...

Cohan v. Medical Imaging Consultants (supplemental opinion)
Date: August 25, 2017
Citation: 297 Neb. 568
Docket Number: S-16-145
In re Estate of Psota  
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 n...

State v. Jones  
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. Alabam...

State v. Robbins  
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 with...

State v. Mendez-Osorio  
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 er...

Brown v. Jacobsen Land & Cattle Co.  
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...

Dugan v. State  
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 violatio...

In re Estate of Etmund  
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...

State v. Phillips  
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 regi...

Mutual of Omaha Bank v. Watson  
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...

State ex rel. Counsel for Dis. v. Fraizer
Date: August 11, 2017
Citation: 297 Neb. 496
Docket Number: S-17-432
State ex rel. Counsel for Dis. v. Hoch
Date: August 11, 2017
Citation: 297 Neb. 500
Docket Number: S-17-588
State v. Burries  
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 evide...

State v. Combs  
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 A...

Greenwood v. J.J. Hooligan’s, LLC  
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...

State v. Jedlicka  
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...

Walters v. Colford  
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...

Doe v. McCoy  
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 h...

Barnes v. American Standard Insurance Co. of Wisconsin  
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 Appellant...

J.S. v. Grand Island Public Schools  
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 rem...

Frohberg Electric Co. v. Grossenburg Implement, Inc.  
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 contra...

State v. Rogers  
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 possessio...

State v. Vela  
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...

Applied Underwriters, Inc. v. S.E.B. Services of New York, Inc.  
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 j...

City of Lincoln v. County of Lancaster  
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 s...

State v. Cross  
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. 29...

Landrum v. City of Omaha Planning Board  
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...

Stephens v. Stephens  
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 identifi...

Hike v. State  
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 S...

Cohan v. Medical Imaging Consultants  
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 suff...

Farmers Co-op v. State (supplemental opinion)
Date: July 7, 2017
Citation: 297 Neb. 132
Docket Numbers: S-16-312, S-16-313, S-16-312, S-16-313
McGauley v. Washington County  
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 buil...

Erin W. v. Charissa W.  
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, Char...

Jill B. v. State  
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...

State v. Gach  
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 immi...

In re Petition of Golden Plains Services Transportation, Inc.  
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....

Rodriguez v. Catholic Health Initiatives  
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 tr...

State v. McColery  
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 overd...

State v. Jackson  
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...

Fales v. County of Stanton  
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 picku...

State v. Ross  
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 h...

State v. Schwaderer  
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 distric...

State v. Rodriguez  
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...

Kroemer v. Omaha Track Equipment, LLC  
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 $8...

ACI Worldwide Corp. v. Baldwin Hackett & Meeks, Inc.  
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 tort...

Strohmyer v. Papillion Family Medicine  
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, Naegel...

State v. Hidalgo  
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 again...

State v. Beitel  
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 h...

State v. Schiesser
Date: June 2, 2017
Citation: 296 Neb. 796
Docket Number: S-16-115
Anderson v. Finkle  
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 b...

In re Interest of Carmelo G.  
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 te...

State v. Wood  
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...

County of Webster v. Nebraska Tax Equalization & Review Commission  
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...

White v. White  
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...

State ex rel. Counsel for Dis. v. Gast
Date: May 19, 2017
Citation: 296 Neb. 687
Docket Number: S-15-800
Janice M. Hinrichsen Inc. v. Messersmith Ventures, LLC  
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 RA...

Thomas v. Board of Trustees of Nebraska State Colleges  
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 Nebras...

Clarke v. First National Bank of Omaha  
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...

State v. Barrera-Garrido  
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 o...

In re Estate of Vollmann  
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 t...

State v. Loding  
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...

Winder v. Union Pacific Railroad Co.  
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 verdic...

In re Robert L. McDowell Revocable Trust  
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 appo...

State ex rel. Veskrna v. Steel  
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 pub...

State v. Artis
Date: May 5, 2017
Citation: 296 Neb. 606
Docket Number: S-16-464
Kohout v. Bennett Construction  
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 emp...

State ex rel. Counsel for Dis. v. Island
Date: May 5, 2017
Citation: 296 Neb. 624
Docket Number: S-16-715
County of Douglas v. Nebraska Tax Equalization & Review Commission  
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...

In re Estate of Pluhacek  
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 c...

State v. Dehning  
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 convic...

State ex re. Counsel for Dis. v. Garrison
Date: April 27, 2017
Citation: 296 Neb. 550
Docket Number: S-16-803
Bergmeier v. Bergmeier  
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 a...

Heckman v. Marchio  
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...

Oldfield v. Nebraska Machinery Co.  
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 v...

State v. Jones  
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...

Mock v. Neumeister  
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...

Midland Properties, LLC v. Wells Fargo, N.A.  
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 bee...

Ginger Cove Common Area Co. v. Wiekhorst  
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...

State v. Todd  
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. Defendan...

Estermann v. Bose  
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. I...

Stewart v. Heineman  
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 fos...

State v. Buttercase  
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...

State v. Harris  
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 convicti...

Farmers Cooperative v. State  
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....

In re Interest of Becka P.  
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...

State v. Chacon  
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...

Zapata v. McHugh  
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, c...

State v. Clifton  
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 m...

Last Pass Aviation, Inc. v. Western Cooperative Co.  
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...

State v. Artis  
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 fire...

Burns v. Burns  
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...

County of Franklin v. Tax Equalization & Review Commission  
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 recei...

State v. McCurry  
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...

Midwest Renewable Energy, LLC v. American Engineering Testing, Inc.  
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 memb...

State v. Nollen  
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 he...

Donald v. Donald  
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 disabil...

Medicine Creek LLC v. Middle Republican Natural Resources District  
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 p...

Hill v. State  
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,...

State v. Jackson  
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...

State v. Smith  
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. Alabam...

O'Connor v. Kearny Junction, LLC  
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 fu...

State ex rel. Counsel for Dis. v. Ubbinga
Date: March 3, 2017
Citation: 295 Neb. 995
Docket Number: S-16-373
State v. Alarcon-Chavez  
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 ame...

D.I. v. Gibson  
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...

State v. Lester  
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)...

deNourie & Yost Homes, LLC v. Frost  
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...

Merie B. on behalf of Brayden O. v. State  
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 D...

State v. McCumber  
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 determ...

State v. Torres  
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...

Harring v. Gress  
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 educationa...

Henn v. American Family Mutual Insurance Co.  
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 calcu...

Anderson v. Union Pacific Railroad Co.  
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...

Frederick v. City of Falls City  
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, I...

State v. Watson  
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 affirme...

In re Interest of Luz P.  
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 termina...

Tryon v. City of North Platte  
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 confli...

Douglas County v. Archie  
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 reinstated...

Woodward v. Lahm  
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. Woodwa...

State v. Rocha  
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 maximu...

In re Interest of Noah B.  
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 fil...

Addy v. Lopez  
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. Ad...

Guardian Tax Partners, Inc. v. Skrupa Investment Co.  
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 t...

Kelly v. Saint Francis Medical Center  
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...

Mansuetta v. Mansuetta  
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’...

State v. Williams  
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 sec...

State v. Ely  
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 Appellan...

In re Conservatorship of Abbott  
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 orde...

In re Guardianship & Conservatorship of Kaiser  
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 A...

State v. Castaneda  
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 l...

State v. Cerritos-Valdez  
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 consecutiv...

State v. Chauncey  
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...

State v. Arizola  
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 hi...

State v. Baxter  
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 th...

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