Nebraska Supreme Court Decisions 2019

State v. Stanko  
Date: December 20, 2019
Citation: 304 Neb. 675
Docket Number: S-18-543

Justia Opinion Summary: The Supreme Court sustained the State's exception to the order of the district court dismissing the State's appeal in this criminal case, holding that the county court erred in directing a verdict in favor of Defendant a...

State v. Becker  
Date: December 20, 2019
Citation: 304 Neb. 693
Docket Number: S-19-008

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences, holding that the district court did not err when it rejected each of Defendant's contentions regarding his sente...

State v. Ildefonso  
Date: December 20, 2019
Citation: 304 Neb. 711
Docket Number: S-19-060

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motions for DNA testing and appointment of counsel, holding that the district court did not abuse its discretion by denying the motions be...

State v. Dady  
Date: December 13, 2019
Citation: 304 Neb. 649
Docket Number: S-18-948

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree sexual assault, holding that there was no error in the proceedings below. Defendant was eighteen years old when he had s...

Rogers v. Jack's Supper Club  
Date: December 6, 2019
Citation: 304 Neb. 605
Docket Number: S-18-1018

Justia Opinion Summary: The Supreme Court reversed the order of the Workers' Compensation Court ordering Jack's Supper Club and its workers' compensation carrier (collectively, JSC) to reimburse Sheryl Rogers for medical expenses she incurred,...

Rutledge v. City of Kimball  
Date: December 6, 2019
Citation: 304 Neb. 593
Docket Number: S-18-924

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the City of Kimball's motion to dismiss Appellant's complaint alleging that the City was negligent for failing to supervised its employee, holding th...

Fentress v. Westin, Inc.  
Date: December 6, 2019
Citation: 304 Neb. 619
Docket Number: S-19-128

Justia Opinion Summary: The Supreme Court affirmed the decision of the Workers' Compensation Court awarding temporary total disability and attorney fees to Suzy Fentress, holding that the compensation court did not err. Fentress received a w...

Wheatland Industries v. Perkins County Board of Equalization  
Date: December 6, 2019
Citation: 304 Neb. 638
Docket Number: S-19-305

Justia Opinion Summary: The Supreme Court affirmed the ruling of the Tax Equalization and Review Commission (TERC), which reduced the county's $16.3 million valuation of commercial real estate used as an ethanol plant to $7.3 million based upon...

State ex rel. Counsel for Dis. v. Chvala
Date: November 22, 2019
Citation: 304 Neb. 511
Docket Number: S-17-773
In re Interest of Giavonni P.  
Date: November 22, 2019
Citation: 304 Neb. 580
Docket Numbers: S-18-1130, S-18-1135

Justia Opinion Summary: The Supreme Court affirmed the orders of the juvenile court placing Giavonni P. At the Lincoln Regional Center (LRC), holding that the juvenile court had the authority to place Giavonni at the LRC on a specific date or o...

Korth v. Luther  
Date: November 15, 2019
Citation: 304 Neb. 450
Docket Numbers: S-18-670, S-18-671

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendants in two actions brought under Nebraska's Uniform Fraudulent Transfer Act (UFTA), Neb. Rev. Stat. 36-701 to 36-712, but reversed the cour...

Hawley v. Skradski  
Date: November 15, 2019
Citation: 304 Neb. 488
Docket Number: S-18-849

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court in this action alleging breach of contract, conversion, and tortious interference with a business relationship of expectation, holding that Plaintiff lacked st...

State v. Brye  
Date: November 15, 2019
Citation: 304 Neb. 498
Docket Number: S-19-061

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of criminal conspiracy to distribute crack cocaine, holding that the district court did not err in overruling Defendant's motion to suppress and that Defendant was not en...

State v. Harms  
Date: November 8, 2019
Citation: 304 Neb. 441
Docket Number: S-18-1181

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of attempted possession of a burglar's tools and sentence of one year in jail with credit for twenty-three days served, holding that there was no abuse of discretion in...

State v. Weathers  
Date: November 8, 2019
Citation: 304 Neb. 402
Docket Number: S-18-665

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for four counts of first degree sexual assault, holding that Defendant was not entitled to relief on his claims of error. Specifically, the Supreme Court...

Burgardt v. Burgardt  
Date: November 1, 2019
Citation: 304 Neb. 356
Docket Number: S-17-1116

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court's determinations that a portion of Husband's 401K and proceeds from an inheritance constituted nonmarital property, holding tha...

State v. Roberts  
Date: November 1, 2019
Citation: 304 Neb. 395
Docket Number: S-18-1196

Justia Opinion Summary: The Supreme Court dismissed Appellant's appeal of the district court's judgment revoking Appellant's post release supervision and ordering that he serve the entirety of the time remaining on his post release supervision...

State v. Simmer  
Date: November 1, 2019
Citation: 304 Neb. 369
Docket Number: S-18-500

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, holding that the district court did not abuse its discretion in admitting DNA analysis conducted by using TrueAllele probabilistic genotyping soft...

State ex rel. Counsel for Dis. v. Hoffman
Date: October 25, 2019
Citation: 304 Neb. 323
Docket Number: S-17-1123
Nelssen v. Ritchie  
Date: October 25, 2019
Citation: 304 Neb. 346
Docket Number: S-18-1020

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion to revive a judgment she obtained against Appellee more than two decades ago after Appellee stopped making payments, holding tha...

State v. Mata  
Date: October 25, 2019
Citation: 304 Neb. 326
Docket Number: S-18-740

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's second amended motion for postconviction relief without holding an evidentiary hearing, holding that Appellant was not entitled to postconvic...

Williamson v. Bellevue Medical Center, LLC  
Date: October 18, 2019
Citation: 304 Neb. 312
Docket Number: S-18-1069

Justia Opinion Summary: In this action for negligence and premises liability the Supreme Court affirmed the judgment of the district court entering summary judgment in favor of Defendant, holding that there was no evidence from which a reasonab...

Griffith v. Nebraska Department of Correctional Services  
Date: October 18, 2019
Citation: 304 Neb. 287
Docket Number: S-18-569

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs' action asking that the Nebraska Department of Correctional Services' (DCS) "Execution Protocol" be declared void and that DCS be enjoin...

Krejci v. Krejci  
Date: October 18, 2019
Citation: 304 Neb. 302
Docket Number: S-18-908

Justia Opinion Summary: In this case disputing grandparent visitation the Supreme Court affirmed the district court's dismissal of Grandfather's civil contempt proceeding but vacated the court's order modifying the decree for grandparent visita...

Bortolotti v. Universal Terrazzo & Tile Co.  
Date: October 11, 2019
Citation: 304 Neb. 219
Docket Number: S-17-1024

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the court of appeals' decision reducing Terry Bortolotti's weekly income benefit awarded by the workers' compensation court from the maximum to the minimum and elim...

In re Interest of Donald B.  
Date: October 11, 2019
Citation: 304 Neb. 239
Docket Number: S-18-675

Justia Opinion Summary: The Supreme Court reversed the termination of Mother's parental rights to one, but not both, of her minor children, holding that the indistinguishable progress made by Mother with both children did not support a sufficie...

State v. Lee  
Date: October 11, 2019
Citation: 304 Neb. 252
Docket Number: S-18-702

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of two counts of sexual assault of a child in the first degree and one count each of attempted sexual assault of a child in the first deg...

State v. Oliveira-Coutinho  
Date: October 4, 2019
Citation: 304 Neb. 147
Docket Number: S-17-1262

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief, holding that that district court did not err in denying Defendant's postconviction claims without an eviden...

Green v. Seiffert  
Date: October 4, 2019
Citation: 304 Neb. 212
Docket Number: S-18-1125

Justia Opinion Summary: The Supreme Court dismissed Appellant's appeal from the district court's denial of Appellant's motion requesting that the court vacate its order dismissing Appellant's petition for renewal of a domestic abuse protection...

Anderson v. Babbe  
Date: October 4, 2019
Citation: 304 Neb. 186
Docket Number: S-18-847

Justia Opinion Summary: In this case brought by a patient against his doctors the Supreme Court affirmed the judgment of the trial denying Defendants' motions for directed verdict, holding that Defendants waived any error in the court's denial...

In re Estate of Radford  
Date: October 4, 2019
Citation: 304 Neb. 205
Docket Number: S-18-863

Justia Opinion Summary: The Supreme Court reversed the decision of the county court on an application for direction that found money Sheila Radford gave Mary Radford prior to Sheila's death was an ademption of Mary's interest in Sheila's trust,...

In re Stueven Charitable Foundation  
Date: September 27, 2019
Citation: 304 Neb. 140
Docket Numbers: S-18-1100, S-18-1110

Justia Opinion Summary: The Supreme Court vacated the district court's appointment of four members to the board of directors of The Stueven Charitable Foundation, holding that the district court lacked the authority to appoint new directors. D...

State v. Montoya  
Date: September 27, 2019
Citation: 304 Neb. 96
Docket Numbers: S-18-392, S-18-342

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of knowing and intentional child abuse resulting in death and prison sentence of fifty-five to seventy-five years in prison, holding that there was no merit to any of Def...

State v. Koch  
Date: September 27, 2019
Citation: 304 Neb. 133
Docket Number: S-18-971

Justia Opinion Summary: The Supreme Court affirmed the district court's order dismissing Defendant's motion for postconviction relief after an evidentiary hearing, holding that Defendant's postconviction motion was time barred. In his postconv...

State v. Hartzell  
Date: September 20, 2019
Citation: 304 Neb. 82
Docket Number: S-18-1105

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and probationary sentence for possession of a controlled substance, holding that the district court did not err when it failed to grant Defendant's motion to suppress evi...

State v. Schmaltz  
Date: September 20, 2019
Citation: 304 Neb. 74
Docket Number: S-18-925

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of leaving the scene of an injury accident, holding that the district court did not err in failing to give Defendant's requested instruction regarding the choice of evils...

State v. Stelly  
Date: September 13, 2019
Citation: 304 Neb. 33
Docket Number: S-18-025

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that there was no merit to Defendan...

State v. Hatfield  
Date: September 13, 2019
Citation: 304 Neb. 66
Docket Number: S-18-1107

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant's conviction of misdemeanor driving under the influence (DUI), holding that Defendant's allegations of error were without merit. On appea...

In re Guardianship of K.R.  
Date: September 6, 2019
Citation: 304 Neb. 1
Docket Number: S-17-846

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the county court declining to terminate the guardianship of Child or to grant Mother visitation, holding that the county court's f...

State v. Paulsen  
Date: September 6, 2019
Citation: 304 Neb. 21
Docket Number: S-18-936

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to probation and imposing various terms of probation in connection with Defendant's plea of guilty to driving under the influence, second...

State, ex rel. Kaaden S. v. Jeffery T.  
Date: August 30, 2019
Citation: 303 Neb. 933
Docket Number: S-17-1210

Justia Opinion Summary: In this paternity action, the Supreme Court held that a blanket rule disfavoring joint physical custody is inconsistent with the Parenting Act, Neb. Rev. Stat. 43-2920 to 43-2943, which requires that all determinations o...

State v. Thomas  
Date: August 30, 2019
Citation: 303 Neb. 964
Docket Number: S-18-220

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for electronically offering to perform oral sex upon a police decoy portraying a fourteen-year-old girl, holding that the district court did not abuse its discretion in a...

TransCanada Keystone Pipeline, LP v. Dunavan  
Date: August 23, 2019
Citation: 303 Neb. 872
Docket Number: S-17-1331

Justia Opinion Summary: The Supreme Court affirmed the Public Service Commission's (PSC) grant of an application filed by TransCanada Keystone Pipeline, LP for approval of a major oil pipeline route and eminent domain authority and finding that...

State v. McGinn - supplemental opinion
Date: August 23, 2019
Citation: 303 Neb. 931
Docket Number: S-18-744
JB & Associates, Inc. v. Nebraska Cancer Coalition  
Date: August 9, 2019
Citation: 303 Neb. 855
Docket Number: S-18-719

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellants' claims of defamation and product disparagement under Nebraska's Uniform Deceptive Trade Practices Act (UDTPA), Neb. Rev. Stat. 87-301 t...

State v. Lovvorn  
Date: August 2, 2019
Citation: 303 Neb. 844
Docket Number: S-18-1104

Justia Opinion Summary: The Supreme Court affirmed the ruling of the district court overruling Defendant's motion for discharge on statutory and constitutional speedy trial grounds, holding that the district court did not err in finding that De...

In re Estate of Barger  
Date: August 2, 2019
Citation: 303 Neb. 817
Docket Number: S-18-711

Justia Opinion Summary: The Supreme Court affirmed the order of the county court construing Joan Jane Barger's will, holding that the court did not err. In this contest between family members over the decedent's will, the Supreme Court held th...

State v. Kruse  
Date: July 26, 2019
Citation: 303 Neb. 799
Docket Number: S-18-1011

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction of driving under the influence with a blood alcohol concentration of .15 or higher, first offense, holding that, assuming a w...

State ex rel. Counsel for Dis. v. Khaleeq
Date: July 26, 2019
Citation: 303 Neb. 762
Docket Number: S-18-640
McPherson v. City of Scottsbluff  
Date: July 26, 2019
Citation: 303 Neb. 765
Docket Number: S-18-834

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment for the City of Scottsbluff, Nebraska and dismissing Plaintiff's claim of discrimination and retaliation under the Nebraska Fair Emp...

Siedlik v. Nissen  
Date: July 26, 2019
Citation: 303 Neb. 784
Docket Number: S-18-899

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Plaintiffs did not sustain their claim to quiet title by adverse possession to a six-foot tract of land owned by Defendants, abutting landowners,...

State v. Jenkins  
Date: July 19, 2019
Citation: 303 Neb. 676
Docket Numbers: S-17-577, S-17-657

Justia Opinion Summary: In these consolidated appeals, the Supreme Court affirmed the judgment of the district court finding Defendant guilty of four counts each of murder in the first degree, use of a deadly weapon to commit a felony, and poss...

State v. Bigelow  
Date: July 19, 2019
Citation: 303 Neb. 729
Docket Number: S-18-006

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court convicting Defendant for third degree assault on an officer, holding that there was no error in the jury instru...

Maloley v. Central Nebraska Public Power & Irrigation District  
Date: July 19, 2019
Citation: 303 Neb. 743
Docket Number: S-18-656

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding in favor of Defendants and dismissing Plaintiff's 42 U.S.C. 1983 action, holding that, under the doctrine set forth in Heck v. Humphrey, 512 U.S. 477...

State ex rel. Counsel for Dis. v. Schmidt
Date: July 19, 2019
Citation: 303 Neb. 755
Docket Number: S-19-226
McEwen v. Nebraska State College System  
Date: July 12, 2019
Citation: 303 Neb. 552
Docket Number: S-17-638

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals summarily dismissing this appeal, holding that Neb. Rev. Stat. 25-1329 applies to a district court's judgment disposing of a petition in error and overrulin...

State v. Ettleman  
Date: July 12, 2019
Citation: 303 Neb. 581
Docket Number: S-17-782

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing Defendant's plea-based conviction for felony child abuse, holding that the court of appeals properly found that there...

Blank v. Blank  
Date: July 12, 2019
Citation: 303 Neb. 602
Docket Number: S-18-751

Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution entered by the district court dissolving the marriage of Marissa Blank to Caleb Blank and awarding joint legal and physical custody of the parties' two minor children,...

Foundation One Bank v. Svoboda  
Date: July 12, 2019
Citation: 303 Neb. 624
Docket Number: S-18-784

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court entering judgment according to a jury verdict determining that defendant-intervenor Lehr, Inc. was entitled to possession of two disputed motor vehicles and w...

State ex rel. Peterson v. Ebke  
Date: July 12, 2019
Citation: 303 Neb. 637
Docket Number: S-18-795

Justia Opinion Summary: In this action challenging an investigatory subpoena issued during the 105th Nebraska Legislature the Supreme Court dismissed this appeal as moot, holding that the subpoena expired at the commencement of the 106th Nebras...

VanSkiver v. VanSkiver  
Date: July 12, 2019
Citation: 303 Neb. 664
Docket Number: S-18-852

Justia Opinion Summary: The Supreme Court affirmed as modified the order of the district court modifying the parenting plan agreed to by Anne VanSkiver and Todd VanSkiver and approved by the district court, holding that the order of modificatio...

Dooling v. Dooling  
Date: July 5, 2019
Citation: 303 Neb. 494
Docket Number: S-18-191

Justia Opinion Summary: The Supreme Court affirmed in part, affirmed in part as modified, and reversed in part the decree of dissolution in this case, holding that the district court erred in calculating child support and in dividing certain ma...

Garlock v. 3DS Properties, LLC  
Date: July 5, 2019
Citation: 303 Neb. 521
Docket Number: S-18-336

Justia Opinion Summary: In this lawsuit filed by the purchasers of a home against the sellers the Supreme Court reversed the judgment of the district court vacating an arbitration award entered in favor of Sellers and remanded with directions t...

Gomez v. Gomez  
Date: July 5, 2019
Citation: 303 Neb. 539
Docket Number: S-18-894

Justia Opinion Summary: In this post-divorce action, the Supreme Court vacated in part and affirmed in part the order of the district court requiring Mother to bring the parties' children to Catholic Mass every weekend in which she was exercisi...

In re Trust Created by Fenske  
Date: June 28, 2019
Citation: 303 Neb. 430
Docket Number: S-18-262

Justia Opinion Summary: The Supreme Court affirmed the order of the county court denying the petition to remove a trustee filed by certain trust beneficiaries, holding that the beneficiaries failed to prove that the trustee's removal was not in...

United States Pipeline v. Northern Natural Gas Co.  
Date: June 28, 2019
Citation: 303 Neb. 444
Docket Number: S-18-679

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Northern Natural Gas Company's request for a declaratory judgment upholding its decision to withhold the maximum amount of liquidated damages allowabl...

State v. Schriner  
Date: June 28, 2019
Citation: 303 Neb. 476
Docket Number: S-18-893

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of manufacturing a controlled substance within 1,000 feet of a school and possession of a controlled substance, holding that the lower co...

Bramble v. Bramble  
Date: June 21, 2019
Citation: 303 Neb. 380
Docket Number: S-18-682

Justia Opinion Summary: The Supreme Court dismissed this appeal from civil contempt proceedings in a dissolution action, holding that a contemnor's full compliance with a purge plan rendered moot a subsequent appeal of the finding of contempt....

State v. Ebert  
Date: June 21, 2019
Citation: 303 Neb. 394
Docket Number: S-18-752

Justia Opinion Summary: After the charge against Appellant for theft by unlawful taking was dismissed the Supreme Court reversed the district court's order granting in part Appellant's motion for return of property seized from him and originall...

State v. Privett  
Date: June 21, 2019
Citation: 303 Neb. 404
Docket Number: S-18-775

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that Appellant's counsel did not provide ineffective assista...

State v. Blaha  
Date: June 21, 2019
Citation: 303 Neb. 415
Docket Number: S-18-912

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences, holding that there was no merit to the assignments of error that the Court could reach on direct appeal. On appeal, Defendant argued that the district co...

State v. Briggs  
Date: June 14, 2019
Citation: 303 Neb. 352
Docket Numbers: S-17-1183, S-17-1321

Justia Opinion Summary: The Supreme Court vacated Defendant's sentences for manslaughter and possession of a deadly weapon by a prohibited person and remanded this matter for resentencing for those offenses, holding that there was plain error i...

Weyh v. Gottsch  
Date: June 7, 2019
Citation: 303 Neb. 280
Docket Number: S-18-192

Justia Opinion Summary: The Supreme Court affirmed as modified the judgment of the district court finding that Defendant owed Plaintiff $1,214,056 in unpaid profits and that Plaintiff was entitled to prejudgment interest in the amount of $97,58...

Sabino v. Ozuna  
Date: June 7, 2019
Citation: 303 Neb. 318
Docket Number: S-18-234

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Ariana Bernal Sabino's request for in forma paupers status on appeal from the district court's entry of a decree dissolving her marriage to Juan Carlo...

Reiber v. County of Gage  
Date: June 7, 2019
Citation: 303 Neb. 325
Docket Number: S-18-692

Justia Opinion Summary: In this negligence action brought by Plaintiff, the mother and special administrator of the estate of Chad Gesin, who committed suicide while in the Gage County jail, the Supreme Court affirmed the finding of the distric...

State v. Sinkey  
Date: June 7, 2019
Citation: 303 Neb. 345
Docket Number: S-18-717

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of first degree sexual assault of a child and one count of possession of a firearm by a prohibited person, holding that the evidence was sufficient to suppo...

State v. Cosey  
Date: May 31, 2019
Citation: 303 Neb. 257
Docket Number: S-18-747

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of delivery of a controlled substance, a class II felony, pursuant to Neb. Rev. Stat. 28-416, holding that the photographic identification of Defendant by a confidential...

Robert M. v. Danielle O.  
Date: May 31, 2019
Citation: 303 Neb. 268
Docket Number: S-18-818

Justia Opinion Summary: The Supreme Court affirmed the domestic abuse protection order obtained by Robert M. on behalf of Bella O., holding that the trial court did not err in determining that Bella was a victim of abuse within the meaning of N...

State v. Beehn  
Date: May 24, 2019
Citation: 303 Neb. 172
Docket Number: S-18-603

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion for postconviction relief following an evidentiary hearing, holding that the district court did not err in denying Appellant's motion...

Kaiser v. Union Pacific Railroad Co.  
Date: May 24, 2019
Citation: 303 Neb. 193
Docket Number: S-18-636

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Union Pacific Railroad Company on Plaintiff's complaint alleging that Union Pacific's negligence caused him to suffer em...

State ex rel. Mia G. v. Julio G.  
Date: May 24, 2019
Citation: 303 Neb. 207
Docket Number: S-18-642

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court appointing counsel at public expense for an indigent individual who had signed a notarized acknowledgment of paternity under Neb. Rev. Stat. 43-1408.01 but wh...

Abay, LLC v. Nebraska Liquor Control Commission  
Date: May 24, 2019
Citation: 303 Neb. 214
Docket Number: S-18-715

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the order of the Nebraska Liquor Control Commission granting Abay, LLC a Class D liquor license for its convenience store but restricting Abay from...

State v. McGinn  
Date: May 24, 2019
Citation: 303 Neb. 224
Docket Number: S-18-744

Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming Defendant's conviction for driving under the influence, second offense, holding that the district court erred in affirming the conviction after find...

In re Guardianship & Conservatorship of Alice H.  
Date: May 24, 2019
Citation: 303 Neb. 235
Docket Number: S-18-780

Justia Opinion Summary: The Supreme Court reversed the portion of the county court's decision ordering Douglas County to pay the balance of the attorney fees owed by a former guardian-conservator to the successor guardian-conservator, holding t...

Christine W. v. Trevor W.  
Date: May 24, 2019
Citation: 303 Neb. 245
Docket Number: S-18-922

Justia Opinion Summary: The Supreme Court vacated the order of the juvenile court purporting to transfer a modification proceeding back to the district court, holding that the order was beyond the juvenile court's statutory authority and void....

State v. Goynes  
Date: May 17, 2019
Citation: 303 Neb. 129
Docket Number: S-18-135

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of murder in the first degree, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that the district court did n...

Bruning v. City of Omaha Zoning Board of Appeals  
Date: May 17, 2019
Citation: 303 Neb. 146
Docket Number: S-18-214

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court upholding the decision of the City of Omaha Zoning Board of Appeals denying Appellants' request for a variance from the requirements of Omaha's zoning code ba...

Pantano v. American Blue Ribbon Holdings, LLC  
Date: May 17, 2019
Citation: 303 Neb. 156
Docket Number: S-18-815

Justia Opinion Summary: The Supreme Court affirmed as modified the district court's entry of a judgment for the estates of Arlene L. Pantano and Anthony R. Pantano in the amount of $195,000 in this negligence case brought against American Blue...

State v. Barnes  
Date: May 17, 2019
Citation: 303 Neb. 167
Docket Number: S-18-875

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to have his sentence amended to reflect credit for time served, holding that the district court did not err in denying Defendant's...

State v. Munoz  
Date: May 10, 2019
Citation: 303 Neb. 69
Docket Number: S-18-050

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree murder and use of a deadly weapon to commit a felony, holding that there was no plain error with regard to the prosecutor...

Rohde v. Rohde  
Date: May 10, 2019
Citation: 303 Neb. 85
Docket Number: S-18-179

Justia Opinion Summary: The Supreme Court affirmed the decree dissolving Appellant's marriage to Appellee, holding that the district court did not abuse its discretion in determining the valuation dates for the marital assets and in classifying...

State v. Manjikian  
Date: May 10, 2019
Citation: 303 Neb. 100
Docket Number: S-18-858

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of attempted possession fo a controlled substance, a Class I misdemeanor, holding that the district court did not err or abuse its discretion....

Hollomon v. Taylor  
Date: May 10, 2019
Citation: 303 Neb. 121
Docket Number: S-18-959

Justia Opinion Summary: The Supreme Court reversed the order of the district court for Seward County denying the request sought by Jami Hollomon, the mother of a minor child, seeking to register an order by the State of Texas adjudicating paren...

Tran v. State  
Date: May 3, 2019
Citation: 303 Neb. 1
Docket Number: S-17-1303

Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the decision of the Nebraska Department of Health and Human Services (DHHS) terminating Appellant's status as a Medicaid service provider, holding that...

Wintroub v. Nationstar Mortgage, LLC  
Date: May 3, 2019
Citation: 303 Neb. 15
Docket Number: S-18-142

Justia Opinion Summary: The Supreme Court affirmed the district court's order granting a mortgage company's motion for summary judgment, holding that a subordination clause in a land contract for the purchase of a residence effectively subordin...

Winslow v. State ex rel. Peterson  
Date: May 3, 2019
Citation: 303 Neb. 24
Docket Number: S-18-181

Justia Opinion Summary: The Supreme Court affirmed the district court's order affirming the denial of LeVeta Winslow's 2016 application for Medicaid benefits, holding that Nebraska's Department of Health and Human Services (DHHS), Division of M...

D.W. v. A.G.  
Date: May 3, 2019
Citation: 303 Neb. 42
Docket Numbers: S-18-657, S-18-658

Justia Opinion Summary: The Supreme Court reversed in part the district court's order dismissing a sexual assault protection order and entering a harassment protection order in that case, holding that the entry of the harassment protection orde...

McManus Enterprises v. Nebraska Liquor Control Commission  
Date: May 3, 2019
Citation: 303 Neb. 56
Docket Number: S-18-699

Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the Nebraska Liquor Control Commission's order cancelling Appellant's liquor license, holding that the Commission and the district court disregarded...

Wilkison v. City of Arapahoe  
Date: April 25, 2019
Citation: 302 Neb. 968
Docket Number: S-18-196

Justia Opinion Summary: The Supreme Court reversed the declaratory and injunction entered by the district court enjoining the City of Arapahoe, Nebraska from enforcing an ordinance against Brooke Wilkison to prohibit his retention of a pit bull...

Denali Real Estate, LLC v. Denali Custom Builders, Inc.  
Date: April 25, 2019
Citation: 302 Neb. 984
Docket Number: S-18-287

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court granting a company using registered trade names (Plaintiff) a permanent injunction, statutory damages, and attorney fees against a corporation using a similar na...

Bank v. Mickels  
Date: April 25, 2019
Citation: 302 Neb. 1009
Docket Number: S-18-427

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendants in this medical malpractice and loss of consortium action, holding that Plaintiffs' assignments of error were without merit and that Ne...

Wehrer v. Dynamic Life Therapy & Wellness, P.C.  
Date: April 25, 2019
Citation: 302 Neb. 1025
Docket Number: S-18-648

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment in favor of Defendant on the ground that Plaintiff's cause of action was time barred by the statute of limitations for professional...

Diamond v. State  
Date: April 19, 2019
Citation: 302 Neb. 892
Docket Number: S-17-1107

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court upholding the order of the Nebraska Department of Insurance determining that Mark Diamond, a licensed insurance producer, had violated three provisions of the...

Leners v. Leners  
Date: April 19, 2019
Citation: 302 Neb. 904
Docket Number: S-18-072

Justia Opinion Summary: The Supreme Court affirmed a decree dissolving Sharon Leners' marriage to Stacy Leners, holding that the district court did not abuse its discretion in awarding Stacy his entire pension in equitably dividing the marital...

State v. Fuentes  
Date: April 19, 2019
Citation: 302 Neb. 919
Docket Number: S-18-122

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion seeking post conviction relief from his conviction of third degree sexual assault of a child, second offense and sentence of fifty...

State v. Mrza  
Date: April 19, 2019
Citation: 302 Neb. 931
Docket Number: S-18-372

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for first degree sexual assault, holding there was no merit to Defendant's assignments of error. On appeal, Defendant argued, among other things, that couns...

Bank of the West v. Sunset Memorial Park Cemetery Ass'n  
Date: April 19, 2019
Citation: 302 Neb. 954
Docket Number: S-18-517

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the county court accepting the resignation of the trustee for a trust fund created for the perpetual care and maintenance of the Sunset Memorial Park M...

State v. Gibson  
Date: April 12, 2019
Citation: 302 Neb. 833
Docket Number: S-17-1272

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the district court's imposition of a sentence of five years' probate with 180 days of jail time as a condition of probation for Defendant's convic...

Bower-Hansen v. Nebraska Department of Health & Human Services  
Date: April 12, 2019
Citation: 302 Neb. 847
Docket Number: S-17-1278

Justia Opinion Summary: The Supreme Court affirmed the district court's decision affirming the decision of the State Personnel Board dismissing Appellant's grievance challenging her termination as a teacher at the Youth Rehabilitation and Treat...

Bayne v. Bayne  
Date: April 12, 2019
Citation: 302 Neb. 858
Docket Number: S-18-382

Justia Opinion Summary: In this declaratory judgment action in which ex-husband (Husband) sought a declaration that he was entitled to one-half of the proceeds of a home awarded to the ex-wife (Wife) in the divorce decree and sold two years lat...

Glasson v. Board of Equalization of City of Omaha  
Date: April 12, 2019
Citation: 302 Neb. 869
Docket Numbers: S-18-472, S-18-474

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that it lacked jurisdiction over the assessment decision of the Board of Equalization of the City of Omaha exercising a quasi-judicial function as a r...

In re Interest of Reality W.  
Date: April 12, 2019
Citation: 302 Neb. 878
Docket Number: S-18-629

Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court adjudicating Reality W. as being habitually truant from school, holding that the statutory defenses to adjudication under Neb. Rev. Stat. 79-209(2)(b) a...

Vasquez v. CHI Properties, LLC  
Date: April 5, 2019
Citation: 302 Neb. 742
Docket Number: S-17-1287

Justia Opinion Summary: The Supreme Court affirmed the district court's order dismissing Tenants' first cause of action against Landlord under the Uniform Residential Landlord and Tenant Act (URLTA) but reversed as to Tenants' second, third, an...

Ronald J. Palagi, P.C. v. Prospect Funding Holdings  
Date: April 5, 2019
Citation: 302 Neb. 769
Docket Number: S-18-193

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting Prospect Funding Holdings, LLC's (Prospect) motions to confirm arbitration awards and for summary judgment in this interpleader action, holding that...

Eric H. v. Ashley H.  
Date: April 5, 2019
Citation: 302 Neb. 786
Docket Number: S-18-253

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's denial of Father's motion to modify custody of a minor child after the child reported that her stepfather was sexually abusing her, holding tha...

State v. Mann  
Date: April 5, 2019
Citation: 302 Neb. 804
Docket Number: S-18-333

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of possession of a stolen firearm, holding that the "intent to restore" clause of Neb. Rev. Stat. 28-1212.03 is an essential element of t...

In re Estate of Ryan  
Date: April 5, 2019
Citation: 302 Neb. 821
Docket Number: S-18-799

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the probate court's dismissal of a golf course partnership's claim based upon an unfulfilled pledge agreement in a decedent's probate proceeding, holdi...

In re Interest of Michael N.  
Date: March 29, 2019
Citation: 302 Neb. 652
Docket Number: S-18-335

Justia Opinion Summary: In these appeals arising from juvenile proceedings involving Michael N. and his parents (Parents), the Supreme Court affirmed in part and reversed in part, holding that this Court lacked jurisdiction to consider the issu...

State v. Paez  
Date: March 29, 2019
Citation: 302 Neb. 676
Docket Number: S-18-412

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of enticement by electronic communication, in violation of Neb. Rev. Stat. 28-833, and allowed the parties' stipulation to remand because...

State v. Phillips  
Date: March 29, 2019
Citation: 302 Neb. 686
Docket Number: S-18-590

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence imposed as a result of his revocation from post-release supervision, holding that the term of imprisonment imposed by the court was within the statutory range and was not a...

State v. Stubbendieck  
Date: March 29, 2019
Citation: 302 Neb. 702
Docket Number: S-18-600

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of the crime of assisting suicide, holding that there was sufficient evidence to support the conviction and that the district court did not err in its evidentiary rulings...

Becher v. Becher  
Date: March 29, 2019
Citation: 302 Neb. 720
Docket Number: S-18-608

Justia Opinion Summary: The Supreme Court vacated the order of the district court granting Father's motion seeking to establish parenting time and telephone communication with one of the parties' children, holding that the district court lacked...

State v. Chairez  
Date: March 29, 2019
Citation: 302 Neb. 731
Docket Number: S-18-646

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court imposing an aggregate sentence of forty-two to fifty-five years in prison in connection with Defendant's no contest pleas to possession of a firearm by a proh...

Ecker v. E & A Consulting Group, Inc.  
Date: March 22, 2019
Citation: 302 Neb. 578
Docket Number: S-17-1190

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants - E&A Consulting Group (E&A), Sanitary Improvement District No. 237 (SID No. 237), and the City of La Vista (...

Salem Grain Co. v. City of Falls City  
Date: March 22, 2019
Citation: 302 Neb. 548
Docket Number: S-17-277

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ claims seeking a declaratory judgment that a redevelopment project in the City of Falls City was not planned or adopted in accordance w...

Moore v. Moore  
Date: March 22, 2019
Citation: 302 Neb. 588
Docket Number: S-18-273

Justia Opinion Summary: In these post-divorce proceedings, the Supreme Court affirmed the district court’s order as modified and vacated the awards of $2,500 in expert witness fees and $117 in overnight camp expenses and modified the order awar...

State ex rel. Peterson v. Creative Community Promotions, LLC  
Date: March 22, 2019
Citation: 302 Neb. 606
Docket Number: S-18-321

Justia Opinion Summary: The Supreme Court affirmed in part the district court's denial of Defendants’ request for attorney fees and dismissed in part Defendants’ appeal from orders vacating summary judgment in favor of Defendants and overruling...

Martinez v. CMR Construction & Roofing of Texas, LLC  
Date: March 22, 2019
Citation: 302 Neb. 618
Docket Number: S-18-419

Justia Opinion Summary: The Supreme Court affirmed the rulings of the Nebraska Workers’ Compensation Court determining what constitutes the term “employer” under Neb. Rev. Stat. 48-116 of the Nebraska Workers’ Compensation Act, in imposing liab...

Rice v. Poppe  
Date: March 22, 2019
Citation: 302 Neb. 643
Docket Number: S-18-701

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court in favor of Terrance Poppe in this legal malpractice action, holding that there was no merit to this appeal. Poppe represented Brenda Rice from Dale Rice. Th...

State v. Savage - supplemental opinion
Date: March 15, 2019
Citation: 302 Neb. 492
Docket Number: S-17-1166
Burke v. Board of Trustees of Nebraska State Colleges  
Date: March 15, 2019
Citation: 302 Neb. 494
Docket Number: S-17-1167

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court dismissing Plaintiff’s declaratory judgment action alleging that she had not been notified that her employment contract would not be renewed within the timefra...

Meyer Natural Foods v. Greater Omaha Packing Co.  
Date: March 15, 2019
Citation: 302 Neb. 509
Docket Number: S-18-108

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Greater Omaha Packing Company, Inc. (GOP) as to Meyer Natural Foods LLC’s breach of contract action following a purporte...

State v. Martinez  
Date: March 15, 2019
Citation: 302 Neb. 526
Docket Number: S-18-618

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying without an evidentiary hearing Appellant’s motion for postconviction relief, holding that the district court did not err in denying postconviction rel...

Brown v. Jacobsen Land & Cattle Co.  
Date: March 15, 2019
Citation: 302 Neb. 538
Docket Number: S-18-803

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court quieting title to certain land in Terry and Linda Brown after finding that the Browns established their entitlement to the disputed land by adverse possession...

State v. Garcia  
Date: March 8, 2019
Citation: 302 Neb. 406
Docket Number: S-17-1202

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction and sentence for robbery, holding that none of Defendant’s argument on appeal warranted reversal of his conviction. Specifically, the Court held (1) the district court d...

Chase County v. City of Imperial  
Date: March 8, 2019
Citation: 302 Neb. 395
Docket Number: S-17-813

Justia Opinion Summary: In this action for declaratory judgment the Supreme Court reversed the judgment of the court of appeals reversing the decision of the district court finding that the City of Imperial, Nebraska was financially responsible...

Patterson v. Metropolitan Utilities District  
Date: March 8, 2019
Citation: 302 Neb. 442
Docket Number: S-18-158

Justia Opinion Summary: The Supreme Court affirmed the district court’s order dismissing Appellant’s claim against Metropolitan Utilities District (MUD) with prejudice, holding that the district court correctly determined that Appellant’s claim...

Larsen v. 401 Main Street, Inc.  
Date: March 8, 2019
Citation: 302 Neb. 454
Docket Number: S-18-168

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the owners of the Quart House Pub and its premises (collectively, Quart House) in this negligence action brought by Lee...

Randy S. v. Nicolette G.  
Date: March 8, 2019
Citation: 302 Neb. 465
Docket Number: S-18-407

Justia Opinion Summary: In these paternity proceedings, the Supreme Court affirmed the judgment of the district court that awarded sole legal and physical custody of the parties’ child to Father, holding that there was no reversible error in th...

State ex rel. Walter E. v. Mark E.  
Date: March 8, 2019
Citation: 302 Neb. 483
Docket Number: S-18-436

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the State’s complaint filed against Walter E.’s father, Mark E., to establish an order of support, holding that the district court lacked subject matt...

State v. Hibler  
Date: March 1, 2019
Citation: 302 Neb. 325
Docket Number: S-18-005

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child, incest with a person under eighteen years of age, and third degree sexual assault of a child, holding that Defe...

In re Estate of Helms  
Date: March 1, 2019
Citation: 302 Neb. 357
Docket Number: S-18-283

Justia Opinion Summary: The Supreme Court affirmed the county court’s entry of summary judgment declaring that the proceeds of the Estate of Mark Anthony Helms be distributed pursuant to a prior federal court judgment applying North Carolina la...

In re Interest of Maximus B.  
Date: March 1, 2019
Citation: 302 Neb. 365
Docket Number: S-18-410

Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction this appeal brought by the State appealing the order of the separate juvenile court of Douglas County, which vacated its previous order of adjudication and set the mat...

State v. Jerke  
Date: March 1, 2019
Citation: 302 Neb. 372
Docket Number: S-18-426

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant’s motion to vacate his sentence and withdraw the plea pursuant to the common-law procedure recognized in State v. Gonzalez, 830 N.W.2d 504 (20...

Smith v. Wedekind  
Date: March 1, 2019
Citation: 302 Neb. 387
Docket Number: S-18-516

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying, without a hearing, Plaintiff’s application to proceed in forma pauperis, holding that the district court’s action was authorized by Neb. Rev. Stat. 2...

Pinnacle Enterprises, Inc. v. City of Papillion  
Date: February 22, 2019
Citation: 302 Neb. 297
Docket Number: S-18-365

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant’s appeal from a condemnation of Appellant’s land by the City of Papillion, Nebraska for lack of jurisdiction but affirmed the district co...

State v. Wal  
Date: February 22, 2019
Citation: 302 Neb. 308
Docket Number: S-18-446

Justia Opinion Summary: The Supreme Court affirmed the district court’s imposition of an eight-month jail term upon revoking Defendant’s post-release supervision, holding that the district court’s order imposing a term of eight months’ imprison...

Brinkman v. Brinkman  
Date: February 22, 2019
Citation: 302 Neb. 315
Docket Number: S-18-476

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court construing the will at issue in this case and granting the decedent’s estate’s motion for summary judgment, holding that the county court had jurisdictional p...

U.S. Specialty Ins. Co. v. D S Avionics - supplemental opinion
Date: February 15, 2019
Citation: 302 Neb. 283
Docket Number: S-17-1101
State v. Shiffermiller  
Date: February 15, 2019
Citation: 302 Neb. 245
Docket Number: S-17-675

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the decision of the district court convicting Defendant of three counts of possession of a controlled substance and one count of possession of a d...

St. John v. Gering Public Schools  
Date: February 15, 2019
Citation: 302 Neb. 269
Docket Number: S-17-898

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the Workers’ Compensation Court in this attorney fee dispute between discharged lawyers and the lawyer who represented the client through a settle...

State v. Spang  
Date: February 15, 2019
Citation: 302 Neb. 285
Docket Numbers: S-18-450, S-18-451

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of driving under the influence, fifth offense, and aggravated driving under the influence (DUI), fifth offense, holding that Defendant’s...

State ex rel. Counsel for Dis. v. Jorgenson
Date: February 8, 2019
Citation: 302 Neb. 188
Docket Number: S-17-1028
State v. Huston  
Date: February 8, 2019
Citation: 302 Neb. 202
Docket Number: S-18-145

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s motion for postconviction relief, holding that there was no merit to Appellant’s claims that his counsel provided ineffective assistance b...

Marie v. State  
Date: February 8, 2019
Citation: 302 Neb. 217
Docket Number: S-18-488

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Appellant’s petition seeking damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that Appellant insufficiently...

In re Interest of Kamille C.  
Date: February 8, 2019
Citation: 302 Neb. 226
Docket Number: S-18-651

Justia Opinion Summary: The Supreme Court dismissed this appeal involving a “bridge order” entered after the adjudication of five children under Neb. Rev. Stat. 43-247(3)(a), who had been in Mother’s sole legal and physical custody, giving Fath...

State v. Smith  
Date: February 1, 2019
Citation: 302 Neb. 154
Docket Number: S-18-178

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child and felony child abuse, holding that the trial court did not violate Defendant’s constitutional right of confron...

State v. Thalmann  
Date: January 25, 2019
Citation: 302 Neb. 110
Docket Number: S-18-111

Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s imposition of a fifteen-day custodial sanction after testing positive for drug and alcohol while serving a sentence of probation, holding that the...

Smith v. Meyring Cattle Co., LLC  
Date: January 25, 2019
Citation: 302 Neb. 116
Docket Number: S-18-184

Justia Opinion Summary: The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a ran...

In re Grand Jury of Douglas County  
Date: January 25, 2019
Citation: 302 Neb. 128
Docket Number: S-18-328

Justia Opinion Summary: The Supreme Court dismissed the State’s appeal from the district court’s order overruling the State’s motion to seal the grand jury documents in this case, holding that the order was not a final, appealable order. After...

Sandoval v. Ricketts  
Date: January 25, 2019
Citation: 302 Neb. 138
Docket Number: S-18-390

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing eight inmates' declaratory judgment action for failure to state a claim, holding that the inmates had other equally serviceable remedies available. P...

Bryson L. v. Izabella L.  
Date: January 25, 2019
Citation: 302 Neb. 145
Docket Number: S-18-459

Justia Opinion Summary: The Supreme Court dismissed the appeal from the denial of two motions filed by Appellant in this marital dissolution case, holding that this Court lacked jurisdiction of this appeal. After a marital dissolution decree...

State v. Brown  
Date: January 18, 2019
Citation: 302 Neb. 53
Docket Number: S-17-1039

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of second-degree degree murder and other offenses, holding that the district court did not err in denying Defendant’s motion to suppress and that Defendant’s other assign...

State v. Mueller - supplemental opinion
Date: January 18, 2019
Citation: 302 Neb. 51
Docket Number: S-17-387
Thompson v. Millard Public School District No. 17  
Date: January 18, 2019
Citation: 302 Neb. 70
Docket Number: S-18-140

Justia Opinion Summary: The Supreme Court vacated in part the judgment of the district court overruling Plaintiff’s motion to recuse and granting summary judgment to Defendants on all of Plaintiff’s remaining claims, holding that the judge shou...

Leon V. v. Nebraska Department of Health & Human Services  
Date: January 18, 2019
Citation: 302 Neb. 81
Docket Number: S-18-197

Justia Opinion Summary: The Supreme Court reversed the order of the district court on remand in this case involving a claimant’s eligibility for Medicaid funding, holding that the district court erred in its instructions on remand. The Nebrask...

Pitts v. Genie Industries, Inc.  
Date: January 18, 2019
Citation: 302 Neb. 88
Docket Number: S-18-219

Justia Opinion Summary: In this case stemming from an electrician’s injuries after an aerial lift malfunctioned the Supreme Court affirmed the district court’s partial grant of Defendant’s motion to exclude expert testimony and grant of Defenda...

Simms v. Friel  
Date: January 11, 2019
Citation: 302 Neb. 1
Docket Number: S-17-054

Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s appeal of a district court order granting temporary visitation of Appellant’s minor children to the children’s maternal grandmother, holding that...

Prokop v. Lower Loup Natural Resources District  
Date: January 11, 2019
Citation: 302 Neb. 10
Docket Number: S-18-082

Justia Opinion Summary: The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground...

Hassan v. Trident Seafoods  
Date: January 11, 2019
Citation: 302 Neb. 44
Docket Number: S-18-255

Justia Opinion Summary: The Supreme Court affirmed the determination of the Nebraska Workers’ Compensation Court that it lacked jurisdiction over Appellant’s petition and dismissing his claim, holding that the compensation court correctly dismi...

State v. Sundquist  
Date: January 4, 2019
Citation: 301 Neb. 1006
Docket Number: S-17-1297

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the county court's judgment convicting Defendant of driving under the influence, second offense aggravated, and sentencing him to eighteen months’ p...

State v. Ralios  
Date: January 4, 2019
Citation: 301 Neb. 1027
Docket Number: S-18-126

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant’s sentence, imposed by the county court, to seventy-five days in jail in connection with Defendant’s plea of guilty to operating a motor v...

Rouse v. State  
Date: January 4, 2019
Citation: 301 Neb. 1037
Docket Number: S-18-129

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendants’ motions to dismiss Plaintiff’s claim under the State Tort Claims Act (STCA), holding that the district court did not err in dismissing Plain...

Francisco v. Gonzalez  
Date: January 4, 2019
Citation: 301 Neb. 1045
Docket Number: S-18-329

Justia Opinion Summary: The Supreme Court vacated the orders of the district court making paternity and custody determinations concerning one child but declining to do so with respect to the other child at issue in this case, holding that Mothe...

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