Nebraska Supreme Court Decisions 2022
Date: December 23, 2022
Citation: 313 Neb. 72
Docket Number: S-21-213
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI) but reversed his conviction for violating a municipal traffic signal law, holding that Neb. Rev. Stat. 60-6,123(3)(c) preempted the…
Date: December 23, 2022
Citation: 313 Neb. 94
Docket Numbers: S-21-790, S-21-791
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Tonya Edwards and Jennifer Edwards failed to state a claim for contribution or indemnity and denying the Edwardses' claim for subrogation,…
Date: December 23, 2022
Citation: 313 Neb. 109
Docket Number: S-21-844
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Respondents, the Board of Parole and one of its officers, and denying the writ of mandamus sought by Appellant, a…
Date: December 16, 2022
Citation: 313 Neb. 45
Docket Number: S-22-047
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part and remanded this matter for a new trial, holding that the district court erred in proceeding to a trial without a jury on Plaintiff's causes of action for breach…
Date: December 16, 2022
Citation: 313 Neb. 60
Docket Number: S-22-415
Justia Opinion Summary: The Supreme Court affirmed the juvenile court's adjudication of Appellant for obstruction of a peace officer, holding that serving a protection order falls within the preservation of the peace element of the misdemeanor…
Date: December 9, 2022
Citation: 313 Neb. 1
Docket Number: S-20-871
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendant on Plaintiff's claims for breach of fiduciary duties, misrepresentation, and infliction of emotional distress,…
Date: December 9, 2022
Citation: 313 Neb. 28
Docket Number: S-21-985
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court upholding the Tax Commissioner's conclusion that Taxpayers failed to prove that they abandoned their domicile in Florida, holding that competent evidence…
Date: December 2, 2022
Citation: 312 Neb. 991
Docket Number: S-21-1003
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant, following a jury trial, of disturbing the peace, holding that the district court did not err by reviewing his appeal only for plain…
Date: December 2, 2022
Citation: 312 Neb. 962
Docket Number: S-21-939
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting Defendant's motion to dismiss Plaintiff's complaint seeking dissolution of her marriage to Defendant, holding that the district court erred by…
Date: December 2, 2022
Citation: 312 Neb. 975
Docket Number: S-21-960
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant, after a jury trial, of sexual assault in the first degree, holding that the district court did not abuse its discretion in prohibiting…
Date: December 2, 2022
Citation: 312 Neb. 1004
Docket Number: S-22-015
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant for terroristic threats, in violation of Neb. Rev. Stat. 28-311.01, and sentencing him to two years' imprisonment followed by eighteen…
Date: December 2, 2022
Citation: 312 Neb. 1020
Docket Number: S-22-185
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing and without first giving him an opportunity to respond to the State's…
Date: November 18, 2022
Citation: 312 Neb. 937
Docket Numbers: S-21-1008, S-21-1009
Justia Opinion Summary: The Supreme Court reversed the judgment of the probate court denying a petition to assess state inheritance tax under Neb. Rev. Stat. 77-2002(1)(b) on real property that Decedents had deeded to their daughter (Daughter)…
Date: November 18, 2022
Citation: 312 Neb. 909
Docket Number: S-21-818
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this complaint brought by Plaintiffs, Central States Development, LLC and Saint James Apartment Partners, against Defendants, Elizabeth Friedgut…
Date: November 18, 2022
Citation: 312 Neb. 925
Docket Number: S-21-878
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's petition for writ of habeas corpus pursuant to Neb. Rev. Stat. 25-217, holding that the petition did not state a cognizable ground for…
Date: November 18, 2022
Citation: 312 Neb. 953
Docket Number: S-22-115
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals dismissing Appellant's appeal from an order of the county court that ruled on Appellant's petition for trust administration, holding that the order from…
Date: November 10, 2022
Citation: 312 Neb. 843
Docket Number: S-21-557
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of murder in the first degree and criminal conspiracy to commit first degree murder and his sentence of death, holding that Defendant was not entitled to relief on his…
Date: November 4, 2022
Citation: 312 Neb. 792
Docket Number: S-21-752
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the Village of Dorchester was entitled to summary judgment on REO Enterprises, LLC's claims remaining on remand, holding that there was no…
Date: November 4, 2022
Citation: 312 Neb. 814
Docket Number: S-21-885
Justia Opinion Summary: In this case arising from a fatal vehicle accident the Supreme Court affirmed the order of the district court granting a directed verdict in favor of Broken Bow Public Schools (BBPS) and dismissed the cross-appeals as…
Date: November 4, 2022
Citation: 312 Neb. 827
Docket Number: S-22-019
Justia Opinion Summary: The Supreme Court affirmed the order of the juvenile court granting a change of placement for Jordon B., holding that there was no error in the proceedings below. The juvenile court granted temporary custody of Jordon…
Date: October 28, 2022
Citation: 312 Neb. 707
Docket Number: S-21-570
Justia Opinion Summary: The Supreme Court dismissed in part and reversed in part Appellant's appeal of the district court's rulings finding that Jerald Schreiber was unjustly enriched and ordering him to pay an additional $400,184 to a limited…
Date: October 28, 2022
Citation: 312 Neb. 729
Docket Numbers: S-21-729, S-21-730, S-21-770
Justia Opinion Summary: The Supreme Court reversed in part the decision of the district court granting summary judgment in three cases consolidated for appeal involving foreclosures of construction liens under the Nebraska Construction Lien…
Date: October 28, 2022
Citation: 312 Neb. 757
Docket Number: S-21-774
Justia Opinion Summary: The Supreme Court reversed the decision of the Tax Equalization and Review Commission (TERC) affirming the decision of the Lancaster County Board of Equalization affirming the valuations of the agricultural land owned by…
Date: October 21, 2022
Citation: 312 Neb. 654
Docket Number: S-21-097
Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals extending a procedural remedy for "claims of official negligence" to an appeal that was purportedly lost due to an appointed postconviction counsel's…
Date: October 21, 2022
Citation: 312 Neb. 665
Docket Number: S-21-472
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's tort action against the State of Nebraska, the Nebraska Department of Correctional Services (DCS) and its director, and the Nebraska…
Date: October 21, 2022
Citation: 312 Neb. 697
Docket Number: S-21-949
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court denying Gunner B.'s motion for a new trial after the juvenile court entered an order finding that Gunner was a child within the meaning of Neb. Rev. Stat.…
Date: October 14, 2022
Citation: 312 Neb. 580
Docket Number: S-20-849
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty, after a bench trial, of exploiting a vulnerable adult in violation of Neb. Rev. Stat. 28-386 and sentencing her to five years'…
Date: October 14, 2022
Citation: 312 Neb. 606
Docket Number: S-20-907
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this action brought by Millard Gutter Company against Shelter Mutual Insurance Company seeking to recover damages for breach of insurance contracts…
Date: October 14, 2022
Citation: 312 Neb. 629
Docket Number: S-19-1089
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the judgment of the district court dismissing Millard Gutter Company's suit against Farm Bureau Property & Casualty…
Date: October 14, 2022
Citation: 312 Neb. 647
Docket Number: xS-21-838
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court declining to award prejudgment interest to the estate of Madeline A. Adlung (the Estate) following a remand to the county court for a redetermination of damages…
Date: October 7, 2022
Citation: 312 Neb. 549
Docket Number: S-21-623
Justia Opinion Summary: The Supreme Court vacated a portion of the district court's order in this will contest, holding that the district court lacked jurisdiction to award attorney fees and expenses. The jury in this case found that the will…
Date: September 30, 2022
Citation: 312 Neb. 518
Docket Number: S-21-031
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the order of the county court denying Appellant's handgun appeal, holding that the lower courts did not err in denying the appeal. The Sarpy County…
Date: September 30, 2022
Citation: 312 Neb. 535
Docket Number: S-21-563
Justia Opinion Summary: The Supreme Court affirmed in part, vacated in part, and in part reversed and remanded the judgment of the district court finding that Appellant was in contempt of court of orders contained in a divorce decree from…
Date: September 23, 2022
Citation: 312 Neb. 480
Docket Number: S-20-813
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Petitioner's petition for declaratory judgment under the Administrative Procedure Act and Nebraska's Uniform Declaratory Judgments Act, holding…
Date: September 23, 2022
Citation: 312 Neb. 502
Docket Number: S-21-797
Justia Opinion Summary: The Supreme Court reversed the decision of the district court finding that Plaintiff did not waive its right to arbitration by its litigation-related conduct, holding that reversal was required in light of Morgan v.…
Date: September 16, 2022
Citation: 312 Neb. 426
Docket Number: S-21-106
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that Dietzel Enterprises, Inc. (Dietzel) was the first party to materially breach a contract between Dietzel and J.A.…
Date: September 16, 2022
Citation: 312 Neb. 456
Docket Number: S-21-837
Justia Opinion Summary: The Supreme Court overruled the exception filed by the State in this exception proceeding after the district court granted Defendant's motion for absolute discharge, holding that there was no merit to the State's…
Date: September 9, 2022
Citation: 312 Neb. 381
Docket Number: S-21-507
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court denying Nebraska Synod (Synod) of the Evangelical Lutheran Church in America's complaint in intervention after a county court determined that the Synod was not…
Date: September 9, 2022
Citation: 312 Neb. 405
Docket Number: S-21-740
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the exclusivity provisions of the Nebraska Workers' Compensation Act (the Act), Neb. Rev. Stat. 48-101 to 48-1,117 barred the claim of an…
Date: September 2, 2022
Citation: 312 Neb. 351
Docket Number: S-21-601
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions relating to allegations of sexual assault of a child, holding that Defendant was not entitled to relief on her assignments of error. After a jury trial, Defendant was…
Date: September 2, 2022
Citation: 312 Neb. 367
Docket Number: S-21-722
Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing the complaint brought by Great Plains Livestock Consulting, Inc. and its president (collectively, Great Plains) against Midwest Insurance Exchange,…
Date: August 26, 2022
Citation: 312 Neb. 275
Docket Number: S-19-1194
Justia Opinion Summary: The Supreme Court vacated the decision of the court of appeals concluding that an order of partial summary judgment entered in the underlying proceeding to modify custody and child support was immediately appealable as a…
Date: August 26, 2022
Citation: 312 Neb. 296
Docket Number: S-21-150
Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the decision of the district court granting summary judgment in favor of defendant-doctors after granting a motion to strike Plaintiff's expert witness,…
Date: August 26, 2022
Citation: 312 Neb. 316
Docket Number: S-21-768
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that the district court properly found that Defendant's claims…
Date: August 26, 2022
Citation: 312 Neb. 341
Docket Number: S-21-944
Justia Opinion Summary: The Supreme Court affirmed the order of the Tax Equalization and Review Commission (TERC) affirming the judgment of the Perkins County Board of Equalization dismissing a 2021 property valuation protest brought by Mid…
Date: August 19, 2022
Citation: 312 Neb. 263
Docket Number: S-21-755
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion for discharge for an alleged violation of Nebraska's speedy trial statutes, holding that there was no error in the overruling of…
Date: August 12, 2022
Citation: 312 Neb. 183
Docket Number: S-21-350
Justia Opinion Summary: The Supreme Court held that the Employee Retirement Income Security Act of 1974 (ERISA), 19 U.S.C. 1001 et seq., and in particular, ERISA's anti-alienation statute, shields a 401K plan administrator from state…
Date: August 12, 2022
Citation: 312 Neb. 208
Docket Number: S-21-377
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of in favor of Defendants and dismissing Plaintiffs' legal malpractice action on the grounds that Defendants did not breach…
Date: August 12, 2022
Citation: 312 Neb. 230
Docket Number: S-21-527
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for manslaughter, with reckless driving as the predicate unlawful act, holding that Defendant's claims on appeal were without merit. Specifically, the Supreme Court held…
Date: August 12, 2022
Citation: 312 Neb. 248
Docket Number: S-21-848
Justia Opinion Summary: The Supreme Court dismissed this appeal from a district court's order denying injunctive relief, holding that this Court lacked jurisdiction to hear the appeal. Plaintiffs were ten students at Creighton University who…
Date: August 5, 2022
Citation: 312 Neb. 128
Docket Number: S-21-176
Justia Opinion Summary: The Supreme Court dismissed in part, vacated in part, and reversed in part the judgment of the district court in favor of Plaintiffs in this lawsuit alleging negligence, unjust enrichment, and seeking a constructive…
Date: August 5, 2022
Citation: 312 Neb. 136
Docket Number: S-21-599
Justia Opinion Summary: In this dissolution action governed bay a premarital agreement the Supreme Court affirmed the decree in all respects with the exception of the court's itemization of a truck as part of the marital estate, which the court…
Date: July 29, 2022
Citation: 312 Neb. 58
Docket Number: S-21-211
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Keating, O'Gara, Nebved & Peter, LLC (collectively, KONP) after finding that Plaintiff's defamation claim was not supported by…
Date: July 29, 2022
Citation: 312 Neb. 74
Docket Number: S-21-457
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of first degree sexual assault and sentence of four to ten years' imprisonment, holding that each of Defendant's assignments of error was without merit. On…
Date: July 29, 2022
Citation: 312 Neb. 94
Docket Number: S-21-552
Justia Opinion Summary: The Supreme Court reversed the judgment of the county court finding that Appellants had committed breach of trust and had taken trust assets and ordering damages against Appellants by default judgment, holding that the…
Date: July 29, 2022
Citation: 312 Neb. 108
Docket Number: S-21-586
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court dismissing Appellant's petition for appointment of a guardian over her daughter, Appellee, holding that the county court did not err in excluding a report…
Date: July 29, 2022
Citation: 312 Neb. 116
Docket Number: S-21-733
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his no contest pleas to six felony charges, holding that there was no error. After the district court accepted…
Date: July 22, 2022
Citation: 312 Neb. 1
Docket Number: S-21-251
Justia Opinion Summary: The Supreme Court reversed the findings entered by the district court upon the court's determination that this case had been improperly reinstated after the district court voluntarily dismissed their case without…
Date: July 22, 2022
Citation: 312 Neb. 17
Docket Number: S-21-343
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for driving under the influence (DUI), fourth offense, and driving during revocation, second offense, holding that there was no merit to Defendant's assigned…
Date: July 22, 2022
Citation: 312 Neb. 49
Docket Number: S-21-616
Justia Opinion Summary: The Supreme Court affirmed the district court's judgment affirming the Nebraska Department of Revenue's denial of Gelco Fleet Trust's claim for a refund on sales tax it allegedly overpaid on the purchase price of a new…
Date: July 15, 2022
Citation: 311 Neb. 958
Docket Number: S-21-413
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first-degree sexual assault and his sentence of twenty-five to thirty years' imprisonment, holding that Defendant was not entitled to…
Date: July 15, 2022
Citation: 311 Neb. 989
Docket Number: S-21-551
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences resulting from his no contest pleas to charges of conspiracy to commit robbery and conspiracy to commit burglary, holding that Defendant was not entitled…
Date: July 15, 2022
Citation: 311 Neb. 1007
Docket Number: S-21-792
Justia Opinion Summary: The Supreme Court vacated the order of the the district court revoking Defendant's probation and sentencing him to three years of imprisonment, holding that the district court plainly erred in failing to impose mandatory…
Date: July 8, 2022
Citation: 311 Neb. 919
Docket Number: S-20-580
Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant's conviction of second degree murder and his sentence of imprisonment for a term of seventy-one years to life, holding that the evidence adduced at trial was sufficient to…
Date: July 8, 2022
Citation: 311 Neb. 941
Docket Number: S-21-505
Justia Opinion Summary: In this insurance dispute, the Supreme Court affirmed in part, vacated in part and reversed in part the decision of the district court granting summary judgment in favor of North Star Mutual Insurance Company and against…
Date: July 1, 2022
Citation: 311 Neb. 878
Docket Numbers: S-20-363, S-20-366, S-20-367
Justia Opinion Summary: The Supreme Court affirmed the judgment the district court denying postconviction relief sought by Defendant without conducting an evidentiary hearing, holding that the district court did not abuse its discretion by…
Date: June 24, 2022
Citation: 311 Neb. 835
Docket Number: S-21-572
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the Nebraska Real Estate License Act, Neb. Rev. Stat. 81-885.01 to 81-885.55, barred Choice Homes, LLC's claims regarding a failed purchase…
Date: June 24, 2022
Citation: 311 Neb. 862
Docket Number: S-21-595
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying postconviction relief sought by Appellant, holding that Appellant was not entitled to relief on his claims of error. After a jury trial, Appellant…
Date: June 17, 2022
Citation: 311 Neb. 772
Docket Number: S-21-180
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals summarily dismissing Appellant's appeal from the order of the district court that dismissed her amended complaint for grandparent visitation, holding that…
Date: June 17, 2022
Citation: 311 Neb. 783
Docket Number: S-21-547
Justia Opinion Summary: The Supreme Court dismissed this appeal from the order of the district court finding that the recommendation of a single-member special litigation committee, which was appointed to investigate and determine whether it…
Date: June 17, 2022
Citation: 311 Neb. 813
Docket Number: S-21-620
Justia Opinion Summary: The Supreme Court affirmed the order of the Public Service Commission (PSC), which approved the application of Black Hills Nebraska Gas, LLC seeking an enlargement or extension of its natural gas mains in Sarpy County,…
Date: June 10, 2022
Citation: 311 Neb. 705
Docket Number: S-21-144
Justia Opinion Summary: Kearney Officer Newell, dispatched to an apartment, spoke with J.S., who reported that upon leaving his garden-level apartment, he saw a man crouched down by a window to the apartment’s bathroom. J.S. did not mention…
Date: June 10, 2022
Citation: 311 Neb. 746
Docket Number: S-21-232
Justia Opinion Summary: Z.H. completed law school in 2000. In 2019 and 2020, Z.H. took the Nebraska bar examination but did not pass. Because of rheumatoid arthritis that limits her mobility, Z.H. received accommodations, but not all of the…
Date: June 10, 2022
Citation: 311 Neb. 758
Docket Number: S-21-864
Justia Opinion Summary: Collins filed an application for informal probate of the decedent's will. The submitted will disinherited the decedent’s children, devised most of the estate to Collins, and appointed Collins as personal representative.…
Date: June 3, 2022
Citation: 311 Neb. 665
Docket Number: S-20-709
Justia Opinion Summary: The Supreme Court affirmed the the district court's grant of summary judgment against the owner of a premanufactured grain bin that collapsed and dismissal of other claims, holding that there was no merit to any of the…
Date: June 3, 2022
Citation: 311 Neb. 694
Docket Number: S-21-356
Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part an order of the district court affirming the county court's decision to overrule Defendant's motion for absolute discharge on statutory and constitutional speedy…
Date: May 27, 2022
Citation: 311 Neb. 632
Docket Number: S-21-131
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court granting Barbara Humphrey's motion for summary judgment as to partition of certain property and denying both parties' motions for…
Date: May 27, 2022
Citation: 311 Neb. 648
Docket Number: S-21-361
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. On appeal, Defendant argued that the district…
Date: May 27, 2022
Citation: 311 Neb. 657
Docket Number: S-21-737
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court dismissing Appellant's petition to establish grandparent visitation with her minor grandchildren for lack of subject matter jurisdiction, holding that the…
Date: May 20, 2022
Citation: 311 Neb. 603
Docket Number: S-21-650
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming the determination of the Nebraska Department of Labor that Appellant was disqualified from receiving unemployment benefits for fourteen weeks after…
Date: May 20, 2022
Citation: 311 Neb. 621
Docket Number: S-21-660
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that $18,000 in cash be forfeited to the State after finding that the State had shown by clear and convincing evidence that the cash was used or intended to be…
Date: May 20, 2022
Citation: 311 Neb. 627
Docket Number: S-21-709
Date: May 13, 2022
Citation: 311 Neb. 560
Docket Number: S-20-825
Date: May 13, 2022
Citation: 311 Neb. 574
Docket Number: S-21-364
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Plaintiff did not qualify for an extended redemption period under Neb. Rev. Stat. 77-1827 and that the tax certificate sale process at issue in…
Date: May 13, 2022
Citation: 311 Neb. 591
Docket Number: S-21-500
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court adjudicating Xandria P. as a juvenile under Neb. Rev. Stat. 43-247(3)(a), holding that there was no merit to the appeal. The court's order of adjudication…
Date: May 6, 2022
Citation: 311 Neb. 511
Docket Number: S-21-320
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second degree murder and sentence of a period of incarceration of no less than sixty years and no more than life, holding that Defendant was not entitled to relief on…
Date: May 6, 2022
Citation: 311 Neb. 522
Docket Number: S-21-545
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this case arising from the death of a television crew member who was shot and killed while filming law enforcement activities at the scene of a robbery…
Date: April 28, 2022
Citation: 311 Neb. 464
Docket Number: S-21-407
Justia Opinion Summary: The Supreme Judicial Court vacated the order of the district court requiring Jeremy Barnett to repay funds he received in a personal injury lawsuit and the order dismissing Barnett's case for failing to do so, holding…
Date: April 28, 2022
Citation: 311 Neb. 476
Docket Number: S-21-496
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying a motion to vacate a decree of specific performance that also sought an order of joinder, holding the there was no error. Wilkinson Development, Inc.…
Date: April 28, 2022
Citation: 311 Neb. 485
Docket Number: S-21-544
Justia Opinion Summary: The Supreme Court vacated the portion of a resentencing order that revoked Defendant's post-release supervision and incarcerated him in the county jail for a term of nine months, holding that the court erred in denying…
Date: April 28, 2022
Citation: 311 Neb. 495
Docket Number: S-21-736
Justia Opinion Summary: The Supreme Court reversed the order of the district court declining Father's request for a contempt citation after Mother moved the parties' child to another school in a district town without obtaining a modification of…
Date: April 22, 2022
Citation: 311 Neb. 409
Docket Number: S-21-257
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant's amended petition seeking a writ of mandamus claiming that the Nebraska Department of Correctional Services (DCS) incorrectly calculated…
Date: April 22, 2022
Citation: 311 Neb. 418
Docket Numbers: S-21-401, S-21-409
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of four counts of first degree sexual assault and his sentence of concurrent terms of five years' probation for each conviction, holding that there was no error. The…
Date: April 22, 2022
Citation: 311 Neb. 445
Docket Number: S-21-610
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Christopher Gillis and dismissing the claim brought by Lori and Robert Bogue that, as a result of negligence during a…
Date: April 15, 2022
Citation: 311 Neb. 350
Docket Number: S-21-206
Date: April 15, 2022
Citation: 311 Neb. 352
Docket Number: S-21-290
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the county court approving the schedule of distribution for the estate of Blain Larson, holding that the court erred in charging inheritance tax to…
Date: April 15, 2022
Citation: 311 Neb. 368
Docket Number: S-21-354
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying a petition to set aside a conviction pursuant to Neb. Rev. Stat. 29-2264, holding that the district court did not abuse its discretion in denying…
Date: April 15, 2022
Citation: 311 Neb. 383
Docket Number: S-21-447
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief, holding that the district court did not err in denying the motion for postconviction relief without an…
Date: April 15, 2022
Citation: 311 Neb. 403
Docket Number: S-21-538
Date: April 8, 2022
Citation: 311 Neb. 320
Docket Number: S-20-856
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person, holding that Defendant failed to show that he was…
Date: April 8, 2022
Citation: 311 Neb. 336
Docket Number: S-21-494
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment in favor of Freedom Healthcare, LLC in this medical malpractice action, holding that the record presented genuine issues of material…
Date: April 1, 2022
Citation: 311 Neb. 284
Docket Number: S-21-330
Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court finding Defendant guilty of possession of a controlled substance with intent to distribute and sentencing him to a term of imprisonment, holding that…
Date: April 1, 2022
Citation: 311 Neb. 294
Docket Number: S-21-352
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming the county court's denial of Defendant's motion for a return of his seized firearm, holding that the lower courts erred. Law enforcement officers…
Date: April 1, 2022
Citation: 311 Neb. 304
Docket Number: S-21-399
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sustaining the State's motion to dismiss this action brought by Defendant seeking DNA testing, holding that there was no error. In 1988, a jury convicted…
Date: March 25, 2022
Citation: 311 Neb. 219
Docket Number: S-21-179
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty of possession of a controlled substance and finding him to be a habitual criminal, holding that Defendant was not entitled to relief…
Date: March 25, 2022
Citation: 311 Neb. 243
Docket Number: S-21-255
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court denying Defendant's motion seeking to vacate and correct his sentence for driving under the influence, which Defendant received almost nine years earlier,…
Date: March 25, 2022
Citation: 311 Neb. 251
Docket Number: S-21-475
Date: March 25, 2022
Citation: 311 Neb. 262
Docket Number: S-21-530
Justia Opinion Summary: The Supreme Court reversed the judgment of the compensation court denying James Spratt's request seeking to modify his workers' compensation award, holding that the compensation court erred in holding that it lacked the…
Date: March 25, 2022
Citation: 311 Neb. 280
Docket Number: S-21-686
Date: March 18, 2022
Citation: 311 Neb. 184
Docket Number: S-21-074
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment for Continental Resources in this quiet title action against Kevin and Terry Fair, holding that the district court did not err in…
Date: March 18, 2022
Citation: 311 Neb. 206
Docket Number: S-21-428
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for terroristic threats, assault in the third degree, and intimidation by phone call, holding that there was no merit to Defendant's arguments that the evidence was…
Date: March 14, 2022
Citation: 311 Neb. 160
Docket Number: S-22-132
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Objectors' application for a special proceeding relating to elections in the district court for Lancaster County, request for a summary order removing…
Date: March 11, 2022
Citation: 311 Neb. 110
Docket Numbers: S-21-091, S-21-147
Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting Defendant's motion for absolute discharge on speedy trial grounds, holding that the district court's order granting the motion was clearly…
Date: March 11, 2022
Citation: 311 Neb. 123
Docket Number: S-21-288
Justia Opinion Summary: The Supreme Court dismissed in part and affirmed in part the interlocutory appeal brought in this negligence action, holding that the district court did not err in denying summary judgment based on the discretionary…
Date: March 11, 2022
Citation: 311 Neb. 143
Docket Number: S-21-303
Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part the order of the district court overruling Appellant's motion for absolute discharge wherein Appellant alleged violations of his statutory and constitutional…
Date: March 4, 2022
Citation: 311 Neb. 48
Docket Number: S-20-524
Justia Opinion Summary: In this dispute involving a limited liability company (LLC) and its members the Supreme Court affirmed the judgment of the district court ordering an accounting, declaring the membership rights of the parties, quieting…
Date: March 4, 2022
Citation: 311 Neb. 69
Docket Number: S-21-386
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion for postconviction relief without holding an evidentiary hearing, holding that there was no error in the proceedings…
Date: March 4, 2022
Citation: 311 Neb. 94
Docket Numbers: S-21-478, S-21-641
Justia Opinion Summary: The Supreme Court affirmed the order of the district court renewing a domestic abuse protection order, holding that the evidence was sufficient to support the district court's finding that renewal of the protection order…
Date: February 25, 2022
Citation: 311 Neb. 1
Docket Number: S-20-737
Justia Opinion Summary: The Supreme Court affirmed as modified the provisions of a district court order that found Mark Becher in contempt for failure to pay various expenses following his divorce from Sonia Becher, holding that the court's…
Date: February 25, 2022
Citation: 311 Neb. 33
Docket Number: S-21-485
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court reversing the judgment of the county court dismissing the complaint brought by North Star Mutual Insurance Company without prejudice, holding that North Star…
Date: February 18, 2022
Citation: 310 Neb. 946
Docket Number: S-20-578
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that granted summary judgment in favor of highway construction contractors and subcontractors (collectively, contractors) in this action alleging negligent…
Date: February 18, 2022
Citation: 310 Neb. 958
Docket Number: S-21-118
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for first degree murder and use of a deadly weapon, not a firearm, to commit a felony, holding that there was no merit to Defendant's appeal. On appeal,…
Date: February 18, 2022
Citation: 310 Neb. 971
Docket Number: S-21-206
Justia Opinion Summary: The Supreme Court affirmed the order of the Department of Motor Vehicles revoking Appellant's operator's license, holding that there was no error. Following a second hearing, the hearing officer recommended an order…
Date: February 18, 2022
Citation: 310 Neb. 982
Docket Number: S-21-321
Justia Opinion Summary: The Supreme Court reversed the judgment of the probate court appointing the decedent's mother as personal representative, ordering that letters of personal representative be issued to her, and issuing such letters even…
Date: February 11, 2022
Citation: 310 Neb. 880
Docket Number: S-21-016
Justia Opinion Summary: The Supreme Court affirmed in part and dismissed in part the order of the district court overruling Defendant's motion for absolute discharge, holding that the district court did not err in determining that Defendant was…
Date: February 11, 2022
Citation: 310 Neb. 896
Docket Number: S-21-086
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing the complaint brought by Noah's Ark Processors, LLC seeking a declaration that Noah's was not bound by a business agreement it entered into with…
Date: February 11, 2022
Citation: 310 Neb. 910
Docket Number: S-21-277
Justia Opinion Summary: The Supreme Court reversed the order of the district court concluding that the statute of limitations for negligence, as set forth in Neb. Stat. Ann. 25-207, begins to run on the date of a plaintiff's injury, holding…
Date: February 11, 2022
Citation: 310 Neb. 927
Docket Number: S-21-442
Justia Opinion Summary: The Supreme Court vacated the order of the district court, which established the paternity of Franklin M. as to the parties' two children and decided issues regarding custody and child support, holding that the district…
Date: February 4, 2022
Citation: 310 Neb. 824
Docket Number: S-19-1069
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals vacating the order of the district court entering judgment on an arbitrator's award, holding that the court of appeals erred in finding the award ambiguous…
Date: February 4, 2022
Citation: 310 Neb. 839
Docket Number: S-21-143
Justia Opinion Summary: The Supreme Court reversed the order of the district court that overruled Community First Bank's motion for summary judgment, sustaining First Central Bank McCook's motion for summary judgments and dismissing Community…
Date: February 4, 2022
Citation: 310 Neb. 865
Docket Number: S-21-224
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for first degree murder, conspiracy to commit robbery, and use of a deadly weapon other than a firearm to commit a felony, holding that there was no basis for…
Date: January 28, 2022
Citation: 310 Neb. 769
Docket Number: S-20-779
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence but vacated the portion of the court's postconviction order prematurely addressing claims of ineffective assistance of counsel, holding that Defendant's…
Date: January 28, 2022
Citation: 310 Neb. 812
Docket Number: S-21-229
Justia Opinion Summary: The Supreme Court dismissed this appeal from the judgment of the district court dismissing Appellants' appeal from a decision of the Madison County Board of Commissioners for lack of appellate jurisdiction, holding that…
Date: January 21, 2022
Citation: 310 Neb. 746
Docket Number: S-20-345
Date: January 21, 2022
Citation: 310 Neb. 749
Docket Number: S-21-441
Justia Opinion Summary: The Supreme Court reversed the decision of the district court sua sponte entering a harassment protection order against Juan P., holding that the procedure utilized in this case deprived Juan of sufficient notice and an…
Date: January 14, 2022
Citation: 310 Neb. 688
Docket Number: S-20-551
Justia Opinion Summary: The Supreme Court affirmed the denial of Defendant's motion for default judgment and the dismissal of his motions seeking postconviction relief, holding that there was no error. Defendant was convicted of first degree…
Date: January 14, 2022
Citation: 310 Neb. 700
Docket Number: S-20-915
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of disturbing the peace and of assault or menacing threats, both in violation of city ordinances in Lincoln, Nebraska, holding that there was no error in Defendant's…
Date: January 14, 2022
Citation: 310 Neb. 722
Docket Number: S-21-133
Justia Opinion Summary: The Supreme Court affirmed in part, vacated in part, and reversed in part the decision of the district court determining the fair value of an estate's 14.84 percent of common stock in a family-owned business, holding…
Date: January 7, 2022
Citation: 310 Neb. 654
Docket Number: S-20-810
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for two counts of child enticement and one count of tampering with a witness but vacated Defendant's sentence for witness tampering, holding that Defendant's sentence…
Date: January 7, 2022
Citation: 310 Neb. 669
Docket Number: S-21-129
Justia Opinion Summary: The Supreme Court reversed the decision of the district court dismissing for lack of subject matter jurisdiction Main St Properties LLC's (MSP) complaint seeking to enjoin a zoning ordinance adopted by the city council…
Date: January 7, 2022
Citation: 310 Neb. 679
Docket Number: S-21-421
Justia Opinion Summary: The Supreme Court affirmed the order of the juvenile court placing physical custody of B.C. with Mother, from whom B.C. had initially been taken, holding that there was no error. B.C. was removed from Mother's home…
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